Citizenship application-no sickness insurance

[mangustar01]

I'm in the process of completing my application for citizenship and I have some questions, related to the supporting documents I need to provide with my application.
I do not have a document certifying permanent residency and I understand that this is not compulsory.
Under Section 4 on page 31 of the AN application form it is stated that if you do not provide a document certifying permanent residence or a permanent residence card then you must provide the following for consideration:
• Evidence of exercising Treaty Rights for 5 years for the relevant EEA national. This may include:
• Evidence of funds and comprehensive sickness insurance for self-sufficient persons and students, for example:
valid European Health Insurance Card (EHIC) issued by a Member State other than the UK; or
valid S1, S2 or S3 form; or
comprehensive private medical insurance policy which covers the holder for treatment in the UK in the majority of circumstances.

My questions are:

1. Does this apply only to student applicants or to everyone?
2. What are the S1, S2 or S3 forms?
3. I have a valid European Health Insurance Card, however this was issued in the UK- would that be sufficient evidence? if not what are my options in order to provide sufficient evidence for a comprehensive sickness insurance, or can I provide any other evidence instead?
Many thanks for your help.

[ArtfulBadger]

I think my application is being held up for the insurance reason. I came to the UK from Germany in 2002, long before this was a requirement. I've been married to a British citizen for 6 years.

As there is no way to retroactively have a card or purchase insurance for the past 15 years, I don't know the answer. This seems to be a sneaky way they have thought up to deny EU applicants citizenship.

Immigration lawyers dispute this stance, saying that EU law states that EU citizens are covered by the insurance of the country where they live.

[secret.simon]

• Evidence of funds and comprehensive sickness insurance for self-sufficient persons and students

Comprehensive Sickness Insurance (private health insurance) is required for students and self-sufficient persons only. If you were a student, you could also use a non-UK EHIC card as a substitute.

I have a valid European Health Insurance Card, however this was issued in the UK- would that be sufficient evidence? if not what are my options in order to provide sufficient evidence for a comprehensive sickness insurance, or can I provide any other evidence instead?

It has to be a non-UK EHIC card. The point is that for the period of five years exercising treaty rights as a student or self-sufficient person, you were not a burden on the social assistance program of the host country. As it is not checked if you have private health insurance or an EHIC card at the point of need, you are required to have it for that entire period.

I came to the UK from Germany in 2002

There is a case somewhere on these forums that a German citizen got his British citizenship on the basis that his German social security would refund costs to any country in the EU and hence he was covered by them EU wide and so did not need separate health care insurance. You may want to research that.

This seems to be a sneaky way they have thought up to deny EU applicants citizenship.

This is not a UK requirement, but an EU law requirement.

See Article 7, Section 1(b) & (c) of Directive 2004/38/EC

The requirement for students and self-sufficient persons to have CSI has been in the EEA Regulations since 2006 when they were first made. It was a transposition of the Directive linked to above. So, not something that they sneaked in at the last minute.

But in any case,they only started enforcing the CSI requirement in 2011, five years after the EEA Regulations came into force. So, if you were a student before 2011, you may be covered under transitional arrangements.

[secret.simon]

On a separate note, if there is doubt about your status, you may be better off applying for a PR card and then citizenship a year later. While a PR card is optional, you lose only £65 if your PR status is not confirmed as opposed to close to £1000 if your citizenship application fails.

[ArtfulBadger]

On a separate note, if there is doubt about your status, you may be better off applying for a PR card and then citizenship a year later. While a PR card is optional, you lose only £65 if your PR status is not confirmed as opposed to close to £1000 if your citizenship application fails.

The more I read, the more it looks like my application will never make it through, as I did not know about the insurance aspect in 2002 (when it wasn't an issue, anyway), and I have not had an address in Germany since then, nor do now, so I can't even apply for one if I wanted to.

My continual presence in the UK and marriage to a British citizen doesn't seem to have any bearing on my status.

I also wasn't aware that they keep the application fee for a failed application.

I love this country and plan never to leave, so this is a bit of a slap in the face. Will they make me pay back for the NHS services I've used over the past 13 years? Will they give me back all the money I paid into National Insurance? Can I even apply for my state pension when I've reached pensionable age in a couple of years? The Germans have already told me I won't get anything from them.

[secret.simon]

I love this country and plan never to leave

I completely identify with the scenario and empathise with you. In my case, that is what drove me to learn the immigration rules that applied to me so that I would not have to leave.

I also wasn't aware that they keep the application fee for a failed application.

The application fee is for considering the application, not for approval. You do get £80 (the cost of the citizenship ceremony) refunded if the application fails.

Will they make me pay back for the NHS services I've used over the past 13 years? Will they give me back all the money I paid into National Insurance?

No to both questions.

Can I even apply for my state pension when I've reached pensionable age in a couple of years?

The state pension should be payable to you if you made NICs or earned NI credits while you were employed in the UK. You should be able to apply for the state pension, but you will only get the state pension based on the number of years that you paid National Insurance contributions. It takes 30 years of contributions or NI credits to qualify for a full state pension. More information on the State Pension eligibility criteria here.

[Torex]

Regarding the UK state pension.
If you worked in other EU country, you can still get pension if you don't have enough qualifying years for the UK pension. Below is an example, but I suggest researching it even further than that.

Your UK State Pension will be based on your UK National Insurance record.

However, you may be able to use your time abroad to make up the 10 qualifying years needed to get any new State Pension. This is most likely if you’ve lived or worked in:

the European Economic Area (EEA)
Switzerland
certain countries that have a social security agreement with the UK

Example

You have 7 qualifying years from the UK on your National Insurance record when you reach State Pension age.

You worked in an EEA country for 16 years and paid contributions to that country’s state pension.

You will meet the minimum qualifying years to get the new State Pension because of the time you worked overseas. Your new State Pension amount will only be based on the 7 years of National Insurance contributions you made in the UK.

https://www.gov.uk/new-state-pension/li ... g-overseas

[Niza_carson]

Dear mangustar01 ,

It seems as of yesterday, the 28th of October 2015, there is a slight change regarding the optional requirement for Permanent Residence (as seen on the post; link below).

http://www.immigrationboards.com/britis ... 96899.html

According to the AN guide and booklet, it seems that now the Home Office suggest that applicants are expected to hold a permanent residence card before applying for citizenship

https://www.gov.uk/government/uploads/s ... r_2015.pdf

So you might be looking at applying for a PR card first.

PS the AN Form is still the same version, but the guide has been updated
https://www.gov.uk/government/uploads/s ... r_2015.pdf

[mangustar01]

Thank you so much to everyone for your replies.
Niza_Carson, thank you for letting me know about this important change. I have another question:

When I go on the government website:
https://www.gov.uk/apply-for-a-uk-residence-card

it is stated that you can apply for a UK residence card, which can last for 5 years, and only then you can apply for a permanent residence card. So, does this mean I have to wait 5 years until I can apply for citizenship?

Many thanks.

[Niza_carson]

Hi mangustar01,

If you are from an EEA country a residence card is not needed because it states, "You may be able to apply for a residence card if you’re from outside the European Economic Area (EEA)" and "you’re the family member, or extended family member, of an EEA national". So a Residence Card is for non-EEA nationals.

Hence, if you are from an EEA country you can apply directly for a Permanent Residence card if you meet the requirements such as: a continuous period of 5 years in the UK as a "qualified person". Of course there are other conditions you have to meet to get a PR, which can be found at: https://www.gov.uk/apply-for-a-uk-resid ... dence-card.