No Comprehensive Sickness Insurance - is it 5 or 6 years?

[mentwras]

Hi everyone

I am very sorry if this has been addressed elsewhere - I did a search but couldn't find something.

Here is my backstory:
I am Greek, I've been in the UK for exactly 6 years (since Sep 2011).
For the 1st year (Sep 2011 - Sep 2012) I've been a student.
For the next 5 full years (Oct 2012 - Oct 2017) I've been employed.

I am about to submit my EEA (PR) application. I am positive that it will be approved, since I've been working continuously for 5 years. However, I did not have Comprehensive Sickness Insurance for the first year I was a student (and I have no way to obtain it retrospectively).

My permanent residence certificate will be (hopefully) approved in a few months, let's say, for argument's sake, February 2018. So, in February, I will have been in the UK for 6 years and 5 months, but I will have been working only for 5 years and 5 months.

My question is this:
As soon as my permanent residence certificate gets approved, can I apply for naturalisation?

Thank you so much for your help! It is very much appreciated.

[alterhase58]

If you didn't have CSI for your year as student that is unlikely to count towards your PR. Your five years working should count ok for PR. From the date of PR acquisition it is one year until you can apply for BC. UKVI normally tell you what date you can apply. So the answer to your question is "no" - the one year has to be after acquisition of PR. Unless you are married to a British citizen then I believe you could apply immediately.

[mentwras]

If you didn't have CSI for your year as student that is unlikely to count towards your PR. Your five years working should count ok for PR. From the date of PR acquisition it is one year until you can apply for BC. UKVI normally tell you what date you can apply. So the answer to your question is "no" - the one year has to be after acquisition of PR. Unless you are married to a British citizen then I believe you could apply immediately.

Hi alterhase58

Thank you so much for your response.

I 'm suspecting that your advice does not apply in my case, because:

• "The one year lead-in period begins as soon as permanent residence begins, which is something that occurs automatically whether or not the person applies for a permanent residence card."
  "For example, if the underlying right of permanent residence has already existed for a year prior to the date of issue of the card then an application can be made as soon as the card is issued."
  The Home Office (in a FOI response) states that "a person acquires permanent residence following 5 years’ residence in accordance with the EEA Regulations, not on the date they obtain a residence card."

I found the above three points at freemovement.org.uk, dated October 2016:
https://www.freemovement.org.uk/eu-nati ... lications/

So, in my case, since I 've been in the UK since September 2011, my permanent residence began in September 2016, but I will obtain a permanent residence certificate in February 2018.

So, my interpretation of all of the above is that, I can indeed submit my naturalisation application in February 2018, since it has been more than a year since I've had the underlying right of permanent residence. Does anyone know if this interpretation is correct, and if the fact that I lacked CSI for my first year in the UK (Sep 11-Sep 12) will make my naturalisation application void?

[alterhase58]

PR is about exercising treaty rights, not how long you have been in the country.
If UKVI do not recognise your first year for PR due to missing CSI your period of exercising treaty rights (as a worker) started in 2012, so five years for PR completed 2017 then apply one year later in 2018. UKVI have rejected AN applications if submitted too early.