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There have been similar cases posted in the forum;alexxy wrote:The story goes like this:
I am a Romanian national. Have lived in the UK for over 6 years. I have applied for a Permanent Residence card in November 2015 and my application has been refused because during Oct 2009 - June 2013 period when I was a student, I did not have CSI - Comprehensive Sickness Insurance. Now, in Nov 2009 I obtained a yellow card Registration Certificate that allowed me to work in the UK. This CSI requirement was introduced on 20th June 2011 and under transitional arrangements for students, all EEA national students who were issued with a Registration Certificate before 20th June 2011 are not required to provide evidence of CSI when applying for Permanent Residence. I will be appealing the decision for refusal of a Permanent Residence card and will have my case heard at the Tribunal. Any advice? Has anyone been in a similar situation?
You can find the document relating to Transitional Arrangements for students here (scroll down for Annex B):
http://webarchive.nationalarchives.gov. ... iew=Binary
Sounds like you have it covered &, as shown by 1st link above, at least one other person has succeeded on the same basis.alexxy wrote:Thank you for your reply !! I indeed found the notice you posted before as well and I will submit it as part of the appeal process together with the European Caseworker Instructions chapter 6. My yellow Registration Certificate was indeed issued in Nov 2009 in the capacity of a student which I was at that time. Hopefully everything should go well with regards to the appeal.
I also understand that if I won the appeal, there will be a fee award which means I can get the £140 back that I now have to pay for the appeal.
Hi Scarlet !! I did appeal the decision at the end of January and I still have not heard anything back from them! I called them about a month ago to ask whether they have received everything and how much longer will I have to wait to be scheduled for hearing and the guy on the phone said it will be "another several months at least" ... so I am still waiting. In the meantime, I have decided to apply again to UKBA and see what happens. The whole process is disheartening, lengthy and totally unnecessary.scarlet13 wrote:Alexxy, could you please provide an update on how your court appearance went? Any updates and advice would be very helpful for those who are in a similar situation to yours. Thanks
Yes, I meant UKBA - Home Office / UK Visas and Immigration, whatever ... it's all the same thing.noajthan wrote:There is no UKBA, it was abolished in 2013.
Appeals can take months (and months) or a year or so.
Please do update us about what you're doing. I may be in a similar situation very soon.alexxy wrote:Hi everyone ! I'm back on this forum this time with another issue !.
I will have to withdraw my appeal I suppose or at least notify the First Tier Immigration Tribunal that I've been granted the PR, but I'm just wondering if there is anything I can do about the fees. I read somewhere that you can phone UKVI and ask for compensation or some kind of refund. I also read that if you withdraw the appeal, you have 28 days from the date you receive the letter from the Tribunal confirming that the appeal has been cancelled, to apply for Order of Cost or something like that. I will need to read more about it.salmintin wrote:
Please do update us about what you're doing. I may be in a similar situation very soon.
Also can you please give the timeline of your second application + details about what evidence you gave them that you DO NOT require to show evidence of CSI?
Thanks
I then went on detailing about my Registration Certificate and what documents I provided and this is the conclusion.Section 9/A(7) Study- Comprehensive Sickness Insurance
Re: exemption under Transitional Arrangements for Students
FOR THE DIRECT CONSIDERATION OF THE CASEWORKER:
Following the Communication of the UK Visas and Immigration published on 11th of December 2013 on Gov.uk, specifically Chapter 6 ‘Permanent Residence’/Annex B ‘Comprehensive Sickness Insurance – transitional arrangements for students’, I understand that I am in the legal position to request that the following official guidelines are respected:
Annex B/2: "Transitional arrangements are being introduced, so that an application for permanent residence as a student will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of decision where UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011."
I trust this is conclusive evidence that I was issued a registration certificate on the basis of being a student in the UK before 20th of June 2011 and therefore I do not need to provide evidence of CSI with this application.
This should serve as proof that the requirement of the Transitional Arrangement detailed above has been met, hence my request will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of the decision.