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Did you pay Comprehensive Sickness Insurance (CSI) during the period where you were here as a student and not working?Aneta123 wrote:Hello, I recently had my British citizenship application refused on the following ground (I am citing the letter I received): “ As we can not be satisfied from the evidence provided that you have been exercising your treaty rights correctly for a continuous period of 5 years you do not meet the requirement which are set out on our website at http://www.gov.uk/becoming-a-british-citizen and you application has been refused”
I am very confused with this letter and I am struggling to understand what was missing from my application as I used the Nationality Checking Service. Could somebody explain what actually went wrong?
In short, I came to UK for the first time in February 2006, started working and registered with WRS and stayed till October 2006. Then I came to UK for the second time back in September 2008 and have been living in UK since then.
I am a Polish national (A8 country) which would normally mean the need to register under WRS, but I was a full time student at UK university, so I thought I was exempt from that and did not registered with WRS for the second time.
Did I need to register with WRS scheme for the second time when I started working in 2009 after completing 1 year of studies?
The letter also mentions the opportunity to fill the form NR - Reconsideration of decisions to refuse British citizenship. Does anybody have experience with this form and/or might be willing to help me with this?
As an A8 national you will need to have been registered under WRS for 12 months.Aneta123 wrote:Hello, I recently had my British citizenship application refused on the following ground (I am citing the letter I received): “ As we can not be satisfied from the evidence provided that you have been exercising your treaty rights correctly for a continuous period of 5 years you do not meet the requirement which are set out on our website at http://www.gov.uk/becoming-a-british-citizen and you application has been refused”
I am very confused with this letter and I am struggling to understand what was missing from my application as I used the Nationality Checking Service. Could somebody explain what actually went wrong?
In short, I came to UK for the first time in February 2006, started working and registered with WRS and stayed till October 2006. Then I came to UK for the second time back in September 2008 and have been living in UK since then.
I am a Polish national (A8 country) which would normally mean the need to register under WRS, but I was a full time student at UK university, so I thought I was exempt from that and did not registered with WRS for the second time.
Did I need to register with WRS scheme for the second time when I started working in 2009 after completing 1 year of studies?
The letter also mentions the opportunity to fill the form NR - Reconsideration of decisions to refuse British citizenship. Does anybody have experience with this form and/or might be willing to help me with this?
So did you have EHIC (or CSI) to cover all the time you had the student status (as certified by your university, work-placement & etc)?Aneta123 wrote:Hello Casa, Noajthan and Ishjon,
Thank you very much for your swift response.
With regard to your first remark, I have a translated certificate which replaces my Polish EHIC issued by the Polish Health Service which covers me up to May 2010.
After I finished my University studies, I started working in the UK:
At first, I was on a student placement which was organised in conjunction with a Post-graduate degree. I have a certificate issued by that university which certifies that I was a student during that time.
After this placement, I started another graduate placement whilst receiving financial support from the organising college. I consider that during both placements I maintained a student status, as it was organised and/or supported by educational institutions which would mean that I didn’t have to register under WRS scheme during that time. After a year in May 2011, the second graduate placement resulted in the full time employment. I have a letter from my employer stating this. As far as I am aware after that time (May 11) A8 nationals were no longer required to register under WRS scheme. I am still currently employed at this place.
I applied in July 2015.
I would very much appreciate your thoughts on this.
Aneta123 wrote:Hello, I recently had my British citizenship application refused on the following ground (I am citing the letter I received): “ As we can not be satisfied from the evidence provided that you have been exercising your treaty rights correctly for a continuous period of 5 years you do not meet the requirement which are set out on our website at http://www.gov.uk/becoming-a-british-citizen and you application has been refused”
Good point.Petaltop wrote:How recently was it refused? It might be that from November 2015 the rules changed and a permanent resiedence card must be included in the BC application. From that link you gave it says
had indefinite leave to stay in the UK for the last 12 months (or permanent residence if you’re an EEA national with a permanent residence card or document that shows you have permanent residence)
It is not about using the NHS. To be a 'qualified person' you needed to have the comprehensive insurance. If you have a period where you did not have it, you cannot use that time towards your 5 years qualifying residence period. There is no discretion on this.Aneta123 wrote:I guess that British EHIC is not what is needed, as I am trying to prove that I didn't want to take the advantage of the British NHS.
Is missing insurance cover something that Home Secretary could exercise her discretion to disregard?
The gap in EHIC/CSI between 2010-2011 may be what HO has picked up on.Aneta123 wrote:...
Regarding my student insurance, I do not have non UK EHIC card for the period May 2010- May 2011.
...
Is missing insurance cover something that Home Secretary could exercise her discretion to disregard?
Aneta,Aneta123 wrote:(The gap in EHIC/CSI between 2010-2011 may be what HO has picked up on.
There is no discretion to overlook this.
And you can't rely on worker status even if working fully or partime during this period due to non-registration for WRS.)
Dear noajthan/ everyone
Thank you for looking into my case. I think that so far we established that I was missing 2010-2011 year with EHIC card as student or under Worker Registration Scheme as worker.
I just happen to come across this article:
http://www.rightsnet.org.uk/forums/viewthread/7776/
This legal cases says "Government will no longer be able to refuse EU workers the right to reside on the ground of not having complied with the WRS requirements in the period 1 May 2009 and 30 April 2011"
Do you think that this would give me enough ground to cover my missing year 2010?
I will be very thankful for any comments.
Quite likely, just have to wait & see.Aneta123 wrote:Hi Noajthan,
Do you recon anybody here on the forum can help me with that?
Aneta123 wrote:Hello, I recently had my British citizenship application refused on the following ground (I am citing the letter I received):