Comprehensive Sickness Insurance - Irish Nationals

[mikeym]

Do economically inactive Irish citizens (in this case, students) in the UK require so-called Comprehensive Sickness Insurance?

Irish citizens and other EEA nationals seem to be set apart in this regard (https://www.gov.uk/right-to-reside) but I haven't been able to find any other information.

Would this then mean that proof of CSI would not be required if one had to apply for PR and include a period of time as a student within the five years' residency?

Thanks.

[secret.simon]

What is the purpose of the question?

Irish citizens are considered "settled" on arrival in the UK and generally just need to prove residence in the UK to be treated on par with British citizens.

However, there is no advantage to their non-EEA family members with this setup.

[CR001]

Is this question for you or someone else as your previous posts were enquiring about your British citizenship by descent possibilty?

british-citizenship/british-citizenship ... l#p1503643

[mikeym]

Hi both, thank you for replies!

No, this doesn't have anything to do with my previous post.

I'm moving to the UK as a student, and have been informed (University guidelines as well as the internet) that I should obtain Comprehensive Sickness Insurance in order to be in line with UK policy. I know that EU students are expected to have CSI in theory, but that not many people actually do this or indeed know about it, but I'd rather follow the rules properly! Besides being a national of another EU country, I'm also an Irish citizen, so I was wondering if this CSI policy still applied to me in the same way (as I'm aware that Irish citizens are classified slightly differently than other EU citizens on some issues). Thanks!

[Richard W]

Besides being a national of another EU country, I'm also an Irish citizen, so I was wondering if this CSI policy still applied to me in the same way (as I'm aware that Irish citizens are classified slightly differently than other EU citizens on some issues).

Strictly speaking, the Irish exemption only applies if you last travelled to the UK plus British Islands directly from the Republic. However, I have not heard of the Home Office checking where Irish citizens entered the UK from. It could matter if you ever chose to naturalise as British by claiming settled status because of being an Irish citizen - the technical jargon is that you would have a "qualifying CTA entitlement".

The chief relevant bits of law are Section 1(3) of the Immigration Act 1971 and the Immigration (Control of Entry through Republic of Ireland) Order 1972. The Ireland Act 1949 ensures that you are not an alien even though you are not a Commonwealth citizen - unless you personally are indeed British. Irish citizens entering from the Republic were potentially subjected to immigration control from 1962, but immigration officers were under instructions to normally not make them subject to immigration control. The 1971 Act and the 1972 Order gave Irish citizens their privileged status in the UK, but the 1972 Order now largely extends to EEA nationals.

Now, for a student from the EEA to reside in the UK under the terms of Directive 2004/38/EC, they have to be 'self-sufficient' and that requires having CSI. There is a view that EU citizens do not need to be covered by Directive 2004/38/EC to reside in the UK simply as EU citizens, in which case they would not actually need CSI. If you come from the Republic of Ireland and have not been a bad boy, you are not subject to immigration control. A Frenchman who grew up in the Republic of Ireland would similarly be exempt if he came to the UK from the Republic now.

[mikeym]

Thanks for that, that’s very interesting! Well then, strictly speaking, it doesn’t really matter whether or not I’m an Irish citizen; since I’m not entering the UK from within the CTA then these special provisions don’t apply to me, so I think I’d still be expected to have CSI! Should have booked a connecting flight

[Richard W]

If you come from the Republic of Ireland and have not been a bad boy, you are not subject to immigration control. A Frenchman who grew up in the Republic of Ireland would similarly be exempt if he came to the UK from the Republic now.

Irish citizens do, however, have one advantage over others with EEA rights who enter from the Republic, which can be relevant for the acquisition of British nationality. By the British Nationality Act 1981 as it now stands, an Irish citizen who last entered thus would normally "not be in breach of the immigration laws"; the hypothetical Frenchman would not be so covered. Only Irish citizens can have a "qualifying CTA entitlement". (One may be "in breach of the immigration laws" although lawfully resident in the UK and not in breach of any immigration law.)