CSI clarifications

[Sakura.m]

Hello.
I am collecting information for some friends who want to move in Uk. They are EEA nationals.
The information they require are:
1) is CSI mandatory to live here if you are a self sufficient person or a student ? I mean, in terms of the law what one risks if doesn't have it ? Can be deported or go to prison ?
2) is the CSI only a mandatory request when applying for PR ?
2) if a couple is not married but lives toghether can they have the same rights as a married couple in terms of CSI (one person only in the couple is a qualified person) ?
Thank you in advance.

[Sakura.m]

Sorry if I add another question:
Is it true that as a family member of EEA national, that is exercising treaty rights as a qualified person, the family mamber does not have to exercise treaty rights and doesn't need CSI ?
Thank you for your answers.

[noajthan]

Hello.
I am collecting information for some friends who want to move in Uk. They are EEA nationals.
The information they require are:
1) is CSI mandatory to live here if you are a self sufficient person or a student ? I mean, in terms of the law what one risks if doesn't have it ? Can be deported or go to prison ?
2) is the CSI only a mandatory request when applying for PR ?
2) if a couple is not married but lives toghether can they have the same rights as a married couple in terms of CSI (one person only in the couple is a qualified person) ?
Thank you in advance.

1) Yes, mandatory to be classed as a qualified person, exercising treaty rights.

No prison, no deportation.
If not exercising treaty rights (after grace period) administrative removal is unlikely but possible.

2) Students & self-sufficient need CSI anyway.

2) EEA national & dependent family members all need to have CSI cover in place.

[noajthan]

Sorry if I add another question:
Is it true that as a family member of EEA national, that is exercising treaty rights as a qualified person, the family mamber does not have to exercise treaty rights and doesn't need CSI ?
Thank you for your answers.

About treaty rights, family members do not exercise treaty rights; their sponsor does.

No, in terms of CSI that is untrue and incorrect - if the sponsor is a student or self-sufficient, all need CSI.

[Sakura.m]

Thank you for your answer but I need more clarifications:
1) what if the qualified person is a worker ? Doesn't need a CSI, right ?
2) family member of EEA national, that is exercising treaty rights as worker, the family member doesn't need CSI ?
3) if a couple is not married but lives toghether can they have the same rights as a married couple in terms of CSI (one person only in the couple is a qualified person as worker) ?

[Wise]

1, yes

2, non EU family don't need it unless your EU spouse is studying then you need one to cover all the family.

3, Technically yes and no.
You only need Csi if the EU is studying, sufficient, e.g if it's only the non EU is feeding the whole family.

[Sakura.m]

Thank you for your answer.
All my questions are about EEA nationals, where both the qualified person and the family member are EEA nationals.
So to reassume:
1) if you are a student or self sufficient (EEA nationals) you and your family (EEA nationals) need a CSI
2) if you are a qualified person such as a worker you and your family (both EEA nationals) don't need a CSI and the family members do not exercise treaty rights; their sponsor does.
3) if you are a EEA qualified person (worker, EEA) and you are not married but live together with a partner who doesn't work or study does the partner need a CSI or is covered but the other person ?
Can I assume that all of this is correct ?
Thank you for your help.

[noajthan]

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

And see HO guidance on qualified persons here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[Santanaronaldo1]

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

And see HO guidance on qualified persons here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Hi Noajthan.
A bit of topic however I cant seem to get in contact with any moderators or admins.
If you please could private message me as I have a issue with my account and post etc.

Thank you

[noajthan]

Hi Noajthan.
A bit of topic however I cant seem to get in contact with any moderators or admins.
If you please could private message me as I have a issue with my account and post etc.

Thank you

@Juliop, new members can use PM after 30 posts.
If you have a problem using the Board you can post a question or details of the issue here:
http://www.immigrationboards.com/commen ... ion-board/

[Sakura.m]

About treaty rights, family members do not exercise treaty rights; their sponsor does.

Is it right even when both the sponsor and the family member are EEA nationals ?

[noajthan]

About treaty rights, family members do not exercise treaty rights; their sponsor does.

Is it right even when both the sponsor and the family member are EEA nationals ?

Yes it is, if the 2nd national wants to be treated as the family member of the first one; (that is as the dependent of their sponsor)..

Alternately they could each operate in their own right and each exercise treaty rights.

[Sakura.m]

The family member ( for exemple doesn't work) doesn't need to exercise treaty rights (and have CSI) if the sponsor exercise treaty rights (for exemple works); but if the family member wants for exemple work or study can exercise treaty rights. Is it correct ? In this case in always considered family member ?

When you say:

Yes it is, if the 2nd national wants to be treated as the family member of the first one; (that is as the dependent of their sponsor)..

There is some kind of document (not to apply for PR) they have to fill in to be considered family member and dependent ?

[noajthan]

The family member ( for exemple doesn't work) doesn't need to exercise treaty rights (and have CSI) if the sponsor exercise treaty rights (for exemple works); but if the family member wants for exemple work or study can exercise treaty rights. Is it correct ? In this case in always considered family member ?

If the family member also exercises treaty rights they don't have to be treated as a family member.
It's up to them how they apply (which parts of PR form they fill in).

It also depends when each person came to UK, also how long they've been married (if a spouse).
People may or may not acquire PR at the same time, so they may or may not apply for confirmation at the same time.

If family member doesn't exercise treaty rights they have to rely on their sponsor.
If they exercise rights thay can be a main applicant for themselves..

It may be easier if your 'friend' posts their timeline/s and any question.

[Sakura.m]

Thank you very much for your answer.
What do you mean by: dependant ?

[Sakura.m]

Hello and thanks in advance to anyone who will answer.
I was reading about family member and dependency but maybe I read the wrong page because as I understand EUN2 is for non-EEA family member whereas me and my husband are both EEA nationals.
The point that I was worried about is:

"Direct family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit, (children under 21, spouses, civil partners do not need to provide any evidence to show dependency on the EEA national).
Whilst the following criteria are not in themselves grounds for refusal, they should be taken into consideration when assessing dependent relatives:
Whether there are any other close relatives in the country of origin from whom the family member receives material support. If a family member receives funds from the EEA national but, for example, is living in the same household as another relative who provides their food and accommodation, the family member cannot be said to need the financial support of the EEA national in order to meet his / her essential needs."

Now my questions are:
1) is this valid only for non-EEA family member ?
2) I am a family member (EEA nationals, not working) of a qualified person (EEA nationals, working) and we both live in Uk. Do I have to depend only on my sponsor economically or I can have some savings on my own ?
3) whe it says:" Whether there are any other close relatives in the country of origin from whom the family member receives material support". I receive very small cash gift from my parents that are in our country of origin. Is this a problem if I need to depend on my sponsor ?
Thank you.

[noajthan]

Hello and thanks in advance to anyone who will answer.
I was reading about family member and dependency but maybe I read the wrong page because as I understand EUN2 is for non-EEA family member whereas me and my husband are both EEA nationals.
The point that I was worried about is:

"Direct family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit, ...

...

Kindly refrain from posting multiple questions in different topics.

You are confusing yourself.
You are now quoting requirements for a FP which is for entry into UK (for non-EEA nationals).
EAA nationals don't need a FP!

To get up to speed on direct family members simply start here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf