Comprehensive Sickness insurance

[DaisyChloe]

I have been a student since 2009 .. for two years I was only studying, then on 2012 i started working part time as well. I do not have and have never had Comprehensive Sickness Insurance cover. Could you please tell me if anyone of you applied for the PR and your application was rejected because you did not have CSI?

[annitaSo]

I think the chances are your application will be rejected. I wouldn't risk it because clearly it's one of the reqirements.
If you are still exercising treaty rights (e.g. working at the moment) you can wait for another year and you can apply then.

[noajthan]

I have been a student since 2009 .. for two years I was only studying, then on 2012 i started working part time as well. I do not have and have never had Comprehensive Sickness Insurance cover. Could you please tell me if anyone of you applied for the PR and your application was rejected because you did not have CSI?

There are many examples (to be found in forum) of a PR card application being refused due to lack of CSI.

Did you have a RC issued to you as a student at any time up to 2011 ?
&/or
Did you have a foreign-issued EHIC (when you were a student) ?

[DaisyChloe]

I started working part time in 2012 April. If I worked part time since 2012, and then I started working full time 2015 Feb up until now, would it count..? By that I mean the fact that I have started working part time..? Or only full time employment counts towards the PR application in order for me to base the application not as a student? I hope you guys understood my point..

[noajthan]

I started working part time in 2012 April. If I worked part time since 2012, and then I started working full time 2015 Feb up until now, would it count..? By that I mean the fact that I have started working part time..? Or only full time employment counts towards the PR application in order for me to base the application not as a student? I hope you guys understood my point..

Yes I understand clearly - and it's a good question.

As per HO guidance on such matters it depends as ...

employment must be genuine and effective and not marginal or supplementary

Marginal means the work involves so little time and money that it is unrelated to the lifestyle of the worker. It is supplementary because the worker is clearly spending most of their time on something else, not work

Ref: https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 11 & example on page 12

If your PR clock started in 2012 then your 5 years time served will come up in 2017.
That is still some time off.

Hence my questions...
Did you have a EHIC (issued abroad)
&/or
RC issued to you as a student

If you did you may be able to claim your PR clock started earlier, (eg in 2009).
In that case PR could/should have been acquired by 2014 (already);
- assuming any absences from UK remained within prescribed limits.

[DaisyChloe]

No I don't have Any European health insurance cards except the one from the UK which is not acceptable because I applied for it from the UK.

It's still not clear to me whether my part time job would count, I did pay some NI contributions while I was in part time job. That wasn't a full time employment ;(

[noajthan]

No I don't have Any European health insurance cards except the one from the UK which is not acceptable because I applied for it from the UK.

It's still not clear to me whether my part time job would count, I did pay some NI contributions while I was in part time job. That wasn't a full time employment ;(

If you had a student RC you may be off the hook thanks to a transitional arrangement that came into play when the longstanding & compulsory CSI started being enforced;
(sometime in 2011).

And the guidance (linked above) is what caseworker will most likely use to weigh up your case, including the question of 'worker' versus 'student'.

What was the job & how many hours work (per week) compared to weekly hours of study/student life?
Would you say you were a 'worker' or a 'student' at that time?

[DaisyChloe]

Forgot to add, no I have never had RC ...

[DaisyChloe]

I contacted my country's embassy in London today and I was told that if I live and have moved to live permanently to the UK, I can not apply for the European Health Insurance Card from my country. I have to apply for EHIC in the UK because that the country where i reside! But the HO asks me to show a EHIC issued in my country but i only have EHIC issued in the uk because thats where i live.

[DaisyChloe]

Also, does anyone know if I could book an appointment with the HO to discuss this matter?

[LilyLalilu]

If you did not have comprehensive sickness insurance or alternatively an EHIC then your application will be rejected, the fact that you were not able to apply for a non-UK EHIC does unfortunately not matter to the Home Office as you were ideally expected to hold CSI, the EHIC option is just a loophole/alternative for those who did not hold CSI. You can give them a phone call but I'm afraid they do not do meetings.

[DaisyChloe]

I found EHIC card which was issued in my country but it only shows expiry date and not from which year was it valid, is that enough proof for my CSI?

[noajthan]

I found EHIC card which was issued in my country but it only shows expiry date and not from which year was it valid, is that enough proof for my CSI?

Well it's a glimmer of hope.

I recall reading in the forum (I think) that EHIC cxards are typically issued for 6 years (at least by some countries).
Not sure if that is the case for your card.

The card was presumably applied for & issued when you still lived in your home country - that will give a rough idea of the issue date.

What is your card's expiry?
How does 6 years back compute and how does it fit with your timeline?

Note When submiting a EHIC (in lieu of CSI) you may be asked for a statement of intent letter too.

That is a letter to explain that when you were a student you were intending only a 'temporary' (short) stay in UK;
eg for your planned period of study.
(It doesn't matter that things changed and you later decided to stay on in UK).

As long as you have a reasonable belief it was a valid card (during the relevant time period) I think you would be justified in submitting the EHIC with any application for confirmation of PR.

That means you can justify your time as a student as legitimately exercising treaty rights.
So your PR clock started in 2009 & (including subsequent time as a worker), your PR should have been acquired in 2014.

Best of luck.

[noajthan]

Validity of EHIC ...

How long is the card valid for?

The length of the period of validity of the EHIC varies significantly from country to country.

There are countries which issue the EHIC only for several months (in Poland and Romania).

Some countries issue the EHIC for a few years. For example, Greece, France and Slovenia issue it for one year on average; Finland, Spain and Iceland issue it for two years; Sweden, Liechtenstein, Portugal, Latvia, Norway, Switzerland, Lithuania and Malta for 3 years.

There are also countries such as the Czech Republic and Austria that issue EHICs for up to 10 years depending on the category of insured person.

Ref: http://europa.eu/rapid/press-release_MEMO-11-406_en.doc

[noajthan]

About EHIC / CSI statement of intent ...

The European Heath Insurance Card (EHIC) obtained from your country of residence is acceptable evidence of CSI, if your stay in the UK is to be temporary.

Therefore, if applying on form EEA(QP) or CR1 using this card, you will also need to send a letter (called a 'statement of intent in the application form) confirming that you do not intend to stay in the UK permanently.

If your stay is to be permanent, or you are unable to get an EHIC card from your country of residence, you will need to obtain additional insurance. The UK government does not accept entitlement to the National Health Service as sufficient as evidence, so you will need to get the EHIC before you leave your country of residence, or obtain the adequate insurance.

Ref: http://www.ukcisa.org.uk/International- ... -students/

See also HO guidance on this matter:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 45

[DaisyChloe]

No in my country they issue the card for 3 years only and since my first card i had applied to renew it which shows later expiry date. For my current card it shows expiry date 2017 i wonder how deep HO would dig to see that?

[noajthan]

No in my country they issue the card for 3 years only and since my first card i had applied to renew it which shows later expiry date. For my current card it shows expiry date 2017 i wonder how deep HO would dig to see that?

I can't comment on how deep HO would dig into this matter.

I would simply observe that the £65 PR application fee is at risk if an application is doubtful.
A rejection does not prevent another application at a later date.

You could also contact the EHIC issuing authority in your country to request confirmation that you were previously issued with a card at some earlier date.

[DaisyChloe]

Also forgot to ask, if I apply and my application is refused, will i be banned to apply again later?

[noajthan]

Also forgot to ask, if I apply and my application is refused, will i be banned to apply again later?

No ban.

I just read your other post - but in that post you seem to say you are the family member of an EEA national

Ref: http://www.immigrationboards.com/britis ... l#p1279318

if you are the dependent family member of an EEA national and they are exercising treaty rights then it may not matter about CSI.

Are you a dependent family member?
How does sponsor (EEA national) exercise treaty rights in UK? (As student or worker or ??)
Note: if they are a student then both you & they will need CSI /. EHIC

How long have they been exercising rights in UK?
How long have you been such a family member?

Have you or they had any prolonged absences from UK (since arriving in UK)?

[DaisyChloe]

Thanks for your reply.

Yes my mom has been living and working in the UK since 2007, she has always been working full time. She already holds a PR and is due to apply for the naturalisation.

I am not sure whether I could somehow qualify as a family member. We never lived together but from time to time my mom was supporting me financially while i was studying. Right now I am 25, but 5 years back i was 20. i understand I should be under 21 to qualify?

[noajthan]

Thanks for your reply.

Yes my mom has been living and working in the UK since 2007, she has always been working full time. She already holds a PR and is due to apply for the naturalisation.

I am not sure whether I could somehow qualify as a family member. We never lived together but from time to time my mom was supporting me financially while i was studying. Right now I am 25, but 5 years back i was 20. i understand I should be under 21 to qualify?

Moms are great aren't they.
I think your mum has just saved you.

Yes, as I understand it 'child' dependents are normally under 21.

Dependency can include financial dependency &/or physical dependency (living in sponsor's home), see relevant HO guidance.
Ref: https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Note proof of dependency only appears necessary if applicant is still dependent at over 21
- see page 17 of above guidance.

And note that you 'choose' the 5-year qualifying period because what you are applying for is a confirmation of PR card.

The PR will have been acquired automatically when the conditions were met.
A 'PR card' does not grant PR it merely confirms it.

If you think you acquired PR in the past through your mother's economic activity (when you were still under 21 ie a 'minor') then my understanding is you can apply on that basis;
always providing you have adequate documentary supporting evidence (including from your mother's records).

If mom was a qualified person (as a worker) & you were her dependent then it is immaterial what you did (in immigration terms);
that means no need for any CSI/EHIC at all.

Phew! we got there in the end.

Option 1
Looks like you can assemble evidence for relevant period in the past and apply on basis of being a dependent family member.

Fill in relevant parts of the (monster) PR form with your mom as sponsor.
It is her economic activity that counts (not yours).

Option 2
Apply in your own right for period 2009-2014, if you think EHIC is adequate in lieu of CSI to cover your student days.

Option 3
Wait - then apply in own right in 2017
ie on basis of being a worker since 2012

Good luck.

[DaisyChloe]

I have had a look at the link you posted. thank you

However, i think if i was under 21 then it would be the case.

i never lived with my mom but she supported me financially , I do not have proof of bank statements as often the money was given in cash only.

Is there an age limit to qualify as a direct family member? Its not clear to me at all..

[DaisyChloe]

In 2010 - i was studying full time until 2015 feb. However I started working part time in 2012 April. I was told that even the fact that i have been working part time won't grant me access to permanent residence as my main activity was full time studying. When I started my full time course i was 20. During my full time studying I received financial support from my mom but in cash mainly. i never lived with my mom.

Tried to make it more clear.

Now do you think i still qualify as a direct family member?

My mom has been working full time since 2007 and still works full time and has Permanent Residence card.

[noajthan]

I have had a look at the link you posted. thank you

However, i think if i was under 21 then it would be the case.

i never lived with my mom but she supported me financially , I do not have proof of bank statements as often the money was given in cash only.

Is there an age limit to qualify as a direct family member? Its not clear to me at all..

At under 21 is definitely a dependent minor.

Continuing in education even over age 21 and with financial support appears to show dependency.
There is no need to live together.

As the linked document (above post) says even maintenance for half your needs is enough to show a dependency. (100% support is not required).

Have a look at the PR form.
It is sections 1, 2, 5, 9, 12, (maybe 13??), 16, (17??), 18, 19 that seem to apply in your case.

Note Q3.2 says ...

I am or have been the descendant (child or grandchild) aged under 21 of the sponsor ...
Complete section 12

! am or have been the dependent child or grandchild aged 21 or over, ... of the sponsor ...
Complete section 13

- to me that reads as if section 12 and possibly section 13 applies to you.

See if you can make sense of the form by printing off a draft copy & filling the appropriate sections with the relevant information you have.

See how it shapes up.

[DaisyChloe]

Hmmm does it matter that my mom only got her PR in 2013-2014?

She did not have it when i was under 21 ...

Also what evidence could i send as my proof for 5 years in the uk? Bank statements?