Is it possible to have worker status as a student? (CSI)

[Geodudette]

Hi everyone,

my question is concerned with whether a student can retain worker status via casual contract.

Due to Brexit (what else?) I've been hoping to get PR to not get kicked out of the country I call home, but my eligibility is a grey area to say the least.

Some background:

I'm Polish, 28 and have lived here since 2007 (no family). I was an undergraduate student in the years 2010-2014 (no jobs aside from one in 2011 and an internship in 2012). I never had an EHIC in that time, but I was insured in Poland via my mother. This insurance ran out on 29/09/2014 on my 26th birthday.

In October 2014 I started a full time fully funded PhD programme, but also gained employment at my department as a Postgraduate Teaching Assistant and a tour guide, with two separate contracts starting Oct 5. These yearly contracts have been renewed twice and once respectively, with a few days in between each employment period. I don't earn enough to pay tax or NI contribution. It's also a type of 0-hours contract, where I'm not guaranteed to get work (but easily do when I ask for it).

My questions are:

1. Is my previous Polish insurance enough to demonstrate I wasn't a 'burden to the state'?

2. Is my casual contract with the university enough to earn me worker status? Are the gaps of several days a problem? I've been using this link https://www.gov.uk/employment-status/worker to try to figure it out, but the language is too vague to say for sure.

3. Would applying for long-term residence in 2017 be a good idea or is my case still not strong enough?

Thanks in advance.

[noajthan]

1) Yes, it may be adequate.

2) May not be enough to show genuine and effective work.

3) If Polish insurance proves acceptable you may have acquired PR as early as 2012/13.

[olgachilds]

You can do with proving that you were at the time registered in the Polish national health service and as such would have been eligible for reimbursement of health costs to the NHS (which is in fact a treaty requirement, and physically having EHIC would have been just a confirmation of that -- a notion HO surprisingly generally accept). I have done it with some former EU students sucessfully.

AS for your mother's insurance I am less optimistic, if it was domestic provate health insurance, would it have covered your long term residence in another country?

[Geodudette]

Many thanks for the replies guys.

2) May not be enough to show genuine and effective work.

That's what I was worried about. It's definitely not my primary activity.

3) If Polish insurance proves acceptable you may have acquired PR as early as 2012/13.

Wait, can I still apply for PR on the basis of a period that has already passed? I thought only the latest 5 years were considered.

You can do with proving that you were at the time registered in the Polish national health service and as such would have been eligible for reimbursement of health costs to the NHS (which is in fact a treaty requirement, and physically having EHIC would have been just a confirmation of that -- a notion HO surprisingly generally accept). I have done it with some former EU students sucessfully.

AS for your mother's insurance I am less optimistic, if it was domestic provate health insurance, would it have covered your long term residence in another country?

The insurance in question was with the Polish national health service, and gave me full access to their services. I suppose the term is used because you have to take active steps to register yourself and your dependents, it isn't automatically granted to everyone. My mother registered me via her workplace up until the legal age limit of 26 years.

[noajthan]

By definition, PR is always confirmed for a period that has already passed because all you are applying for is confirmation of that status.
The DCPR (PRC) that is issued is merely an optional and confirmatory document;
- that means it does not grant or confer any rights by itself.

The holy grail of PR status is acquired automatically by exercising treaty rights (as a qualified person), continuously, for 5 years. Not simply the last 5 years.
That is the beauty and elegance of free movement.

[Geodudette]

That's actually great to hear. I've been hoping to sort this out to give myself a peace of mind and my case now looks better than I thought. Thanks again for taking the time to reply