Is Comprehensive Sickness Insurance requirement retrospectiv

[RedMoon]

Hi all,

I have a 3 months gap in my employment in 2010 where continuity of my Treaty Rights claim is only supported by being a student. I will be looking to make naturalisation app around now when I'm again an employee. I know that from June 2011 UKBA requires proof of comprehensive medical insurance for students.

I assume it is for applications made after that date, but is it also for periods of claiming Treaty rights as a student before that date? If yes, is it not applying the law retrospectively?

[vinny]

The CSI requirement for students has always been specified in the regulations. Therefore, it's not retrospective.

[Obie]

I agree with Vinny that it has always been there but not enforced.


If your applied and was granted registration certificate before changes in the favourable policy , then you had a legitimate expectation that your residence was lawful, otherwise there is no legitimate expectation.

[Jambo]

If the gap is only 3 months, I would not try to use student for that time. You are better claiming being a job seeker or just ignoring the gap. Bringing in the student status would just complicate things.

[RedMoon]

Thanks guys,

@Jumbo: Don't you think that the gap is actually too large? As I don't have anything to confirm that I as a job seeker.

Also, so you saying that I could be asked for a proof of CSI for 3 months I was only claiming Treaty Rights by being a student? Especially given the fact that now I claim my treaty rights as an employee and not as a student?

Is the CSI required for that period of 3 months or for the time when application is considered (as currently I have private medical insurance through my employer).

Big thanks.

[Obie]

If the gap is only 3 months, I would not try to use student for that time. You are better claiming being a job seeker or just ignoring the gap. Bringing in the student status would just complicate things.

Can someone claim job seeking if they weren't?

That does not seem the case of the OP, is it?

It is worth noting that a person can face up to 10 years ban if they are found to have used deception in their naturalisation application.

[Jambo]

I just assumed that if someone had a job, 3 months break and another job, that he actually looked for a job during the break.

Let me rephrase it: during the 3 months, did you look for a job? Then you might be better claiming treaty rights as a job seekers rather than a student. Alternatively, was the study work related (vocational training?) Or was it abroad?

[RedMoon]

Unfortunately, I will have nothing to evidence that I was looking for a job, particularly I was not registered as a jobseeker.

Studying took place at UK univesrity and it was not a vocational but an MSc degree course.

[RedMoon]

Any ideas? Any reply? Your advice is very appreciated.

[RedMoon]

Actually, when digging my documents prepared for citizenship app I have found a Home Office registration certificate from Jan 2007!

However, I don't know whether I have applied as a student or a worker as I was both at the same time back then.

Does it change my CSI situation in any way or am I down to 50/50 chance depending whether I registered as a student or a worker?

[RedMoon]

Any suggestion anyone? Big thanks

[RedMoon]

bump bump

[RedMoon]

Guys, I have put the last point into a separate post as this one was getting a bit multi-dimensional.