Refusal to issue PRC because I had no comprehensive insuranc

[tdealing]

Hey all,

I have a big dilemma now, I received a much dreaded letter from HO refusing my application for PRC because I had no comprehensive sickness insurance during my university studies.

I mean I never heard of it, but my situation is this...

I lived in the UK since I was 14 with my parents, after secondary school I went to college and then straight to university I haven't had any kind of job until I finished uni, that's three years ago. So I've lived in the UK for 11 years but only 3 years out of 11 I was and still am in a full time employment. That means my student years don't count toward my required 5 years for PRC because I didn't have that insurance. Anyway, I never heard about that insurance, no one ever mentioned it to me so I naturally don't have it. Now I am stuck in a situation as in what to do. Does it mean I actually can't get PRC? Even though I feel so British. I feel really cheated and disappointed and quite honestly let down. I really want British passport so I can have a say in next elections and because I just feel extremely British- I am so British I can't even speak my mother tongue anymore.

Can anyone help what I can do about this situation, or does it mean I have no right to apply for PRC and just give up?

Next option could be my mother, she has been working full time for more than 10 years so she is definitely going to get it. Is it possible I could apply with her, having my mum as the main applicant on the application and me acting as a family member? My question is...would I still need to prove that insurance cover?

Thanks for any answers, I am quite desperate for any help.

[LilyLalilu]

What were your EEA parents doing in the UK? If they were for example working for 5 continuous years you would have acquired PR as their dependant when you were under 21.
Apply as their dependant providong evidence of how they exercised treaty rights for 5 years while you were under 21, proof of residence for them and yourself plus proof of relationship and you will be granted your DCPR.

Also remember to send proof that you have not lost your PR since you acquired it (i.e. proof of residence showing that you did not leave the UK for more than 2 years after acquiring PR status).

[tdealing]

What were your EEA parents doing in the UK? If they were for example working for 5 continuous year you would have acquired PR as their dependant when you were under 21.
Apply as their dependant providong evidençe of how they exercised treaty rights for 5 years while you were under 21, proof of residence for them and yourself plus proof of relationship and you will be granted your DCPR.

Also remember to send proof that you have not lost your PR sinçe you acquired it (i.e. proof of residence showing that you did not leave the UK for more than 2 years after acquiring PR status).

Yes, my mum worked full time since I was 15 and is still working in the UK full time. In am an EU national and so are my parents.

Sorry to be asking you this stupid question, but how do I apply?

[LilyLalilu]

Whoops, just saw that you mentioned that your mum was working continuously. You're good to go and can appky as her dependent as outlined above, no CSI needed. Make sure you choose a 5 year period where you were under 21 as it's easiest.

You can apply using the form - I'm afraid Im not sure which section this goes in but Im sure someone will comment with this info soon. Or else apply with a simple cover letter stating how you gained PR plus evidence, payment etc. Good luck!

[tdealing]

Whoops, just saw that you mentioned that your mum was working continuously. You're good to go and can appky as her dependent as outlined above, no CSI needed. Make sure you choose a 5 year period where you were under 21 as it's easiest.

You can apply using the form - I'm afraid Im not sure which section this goes in but Im sure someone will comment with this info soon. Or else apply with a simple cover letter stating how you gained PR plus evidence, payment etc. Good luck!

Sorry so if I understand this well, my mum should apply as the main applicant and I would act as her dependant on form, especially explaining the situation in the form? Or do I just apply myself as dependant? She hasn't got PRC because she hasn't applied yet.

[tdealing]

Sorry another stupid question, if I understand this well, I would apply as the main applicant and I would put my mum as my sponsor?

[ohara]

Your mum doesn't need to apply. You are the main applicant, you can just list list her as your sponsor for that period.

[noajthan]

The requirement for CSI so that non-economically active persons (eg students) do not pose an unreasonable burden on state's social assistance system is part of EU law.
See Directive 2004/38/EC - it's a good read. Suggest all EEA citizens read it.
And the Directive has been transposed into UK EEA Regs for donkeys years.

Anyway, with Brexit looming, it may be prudent for mom to have confirmation of her status in UK too.

In that case mom can be main applicant. No need for sponsor section (Section 2 of form).
You and any other family members in similar position can be entered on same form (as mom's dependent family members).

Pro tip: EEA nationals can apply via a new council document checking service and so keep hold of passports.
May help if anyone in family has travel plans again.

[tdealing]

I called HO and they said I can apply and say that I was dependent on my mum until I was 21 and just show that I lived in the UK since I was 21 until now, but what I still don't understand is, how would I include this on form? Would she act as my sponsor then? This is so difficult and confusing I can't afford a solicitor, they were asking £1400 for their help

If my mum acts as a main applicant and she would include me as a family member, it still means I would have to provide insurance cover during my university days, no?

[noajthan]

I called HO and they said I can apply and say that I was dependent on my mum until I was 21 and just show that I lived in the UK since I was 21 until now, but what I still don't understand is, how would I include this on form? Would she act as my sponsor then? This is so difficult and confusing I can't afford a solicitor, they were asking £1400 for their help

If my mum acts as a main applicant and she would include me as a family member, it still means I would have to provide insurance cover during my university days, no?

Read the PR guidance - its (fairly) clear and comprehensive.

If mom applies too she is main applicant; there is no sponsor (skip section 2); you are included as family dependent.

If only you apply: you are main applicant and mom is sponsor (section 2).

The whole point of applying as a dependent is your activity in UK is immaterial for that time period and so, if you were a student at that time, no proof of CSI is required.
This is because you are, in such a case, acquiring PR via mom's activity and not based on yours.

If you apply partly as a dependent and partly in your own right then you need to supply necessary evidence for the time in your own right.
If you were a student at that date then yes proof of CSI (or alternative) would then be required.

Takeaway
Find a 5 year continuous period when you were dependent on mom (for full 5 years) and you don't need to show CSI.
And if under 21 for all of that time, no need to prove financial dependency on mom either - just prove the relationship and residence in UK (also absence within limits) as well as your id.

Mom has to prove id, treaty rights, residence in UK, absences within limits.

[tdealing]

Cool, sounds good guys. Thanks for your help, I will apply again as the main applicant with my mum acting as a sponsor from when I was 16 until 21 years old.

Just one more question, after I get PRC granted to me, do I have to wait another year to apply for British citizenship or can I apply for it straight away?

[noajthan]

Cool, sounds good guys. Thanks for your help, I will apply again as the main applicant with my mum acting as a sponsor from when I was 16 until 21 years old.

Just one more question, after I get PRC granted to me, do I have to wait another year to apply for British citizenship or can I apply for it straight away?

If you are EEA you will be issued a DCPR not PRC.

if you apply detailing activity from 11 years ago then its likely you acquired PR status in 2011 or so.
So yes, you could make a 6(1) BNA application for the privilege of citizenship straight away - if that is the case.

Check any letter with DCPR and/or get a SAR and/or apply via NCS to check your date of acquisition of PR.
Don't just take it for granted.
Good luck.

[tdealing]

Thanks guys for your help, I started getting all documents together now.

Just have a few more questions and then I promise I will be quiet

So my mum found all p60s which is good news, she also found some other letters with her name and address printed on, but she hasn't got 2 documents for each year. Do we need 2 documents for each year and p60 or is p60 enough? She found her HO letter with work permit and also work contracts and such.

Another question, I also need to proof that my mum is my mother and I found my birth certificate, however it's in Slovak, do I need to translate into English?

Thanks for your kind answers once again, I really appreciate it

[twgal]

I'm not a lawyer however I believe it's easier if your mother applies as main applicant and lists you as a family member. That way you all need to submit less documentation and you both get those DCPR documents.

She'd need to show 5 years of exercising treaty rights (P60s etc) and also proofs of residence (council tax etc). You'd only need to show proof of residence (hint: school attendance letters, GP letter). Plus passports and birth certificate.

She can also include your brothers and sisters as family members, if any.


PS. If you apply as main applicant and list your mother as a sponsor, you still need to submit all the above documents but she doesn't get the DCPR, it's only you who gets it. She will have to apply again separately to get it, which doesn't make sense.

[twgal]

PS. noajthan, EEA nationals can only apply via NCS if they apply in their own right, no? Family members cannot apply online.

[noajthan]

Thanks guys for your help, I started getting all documents together now.

Just have a few more questions and then I promise I will be quiet

So my mum found all p60s which is good news, she also found some other letters with her name and address printed on, but she hasn't got 2 documents for each year. Do we need 2 documents for each year and p60 or is p60 enough? She found her HO letter with work permit and also work contracts and such.

Another question, I also need to proof that my mum is my mother and I found my birth certificate, however it's in Slovak, do I need to translate into English?

Thanks for your kind answers once again, I really appreciate it

Take belt and braces approach: submit all relevant evidence you can pull together.

Yes, official translation needed of any document not in English (or Welsh). And original to be include naturally.

[noajthan]

PS. noajthan, EEA nationals can only apply via NCS if they apply in their own right, no? Family members cannot apply online.

For the new new checking service, yes there are limits on who can apply as its being rolled out.
Check relevant council website.

[tdealing]

I'm not a lawyer however I believe it's easier if your mother applies as main applicant and lists you as a family member. That way you all need to submit less documentation and you both get those DCPR documents.

She'd need to show 5 years of exercising treaty rights (P60s etc) and also proofs of residence (council tax etc). You'd only need to show proof of residence (hint: school attendance letters, GP letter). Plus passports and birth certificate.

She can also include your brothers and sisters as family members, if any.


PS. If you apply as main applicant and list your mother as a sponsor, you still need to submit all the above documents but she doesn't get the DCPR, it's only you who gets it. She will have to apply again separately to get it, which doesn't make sense.

But if I apply as a family member of my mum, would I be able to apply for British citizenship straight after? I really want to get my British citizenship granted to me so I can vote.

[noajthan]

But if I apply as a family member of my mum, would I be able to apply for British citizenship straight after? I really want to get my British citizenship granted to me so I can vote.

For a section 6(1) of BNA AN application you need to have been settled for 12 months eg with PR (status).
That is not same as holding DCPR/PRC for 12 months.

[twgal]

In which elections are you planning on voting? You already have the right to vote in local and European elections if you're an EU citizen.

British citizenship gives you the right to vote in general elections. Next general elections are in May 2020. You've got plenty of time to get your citizenship by then.

You were already refused once when you applied in your own right. IMHO it's a cleaner application if your mother is the main applicant (as a worker) and you're the dependent, but then again, I'm not a lawyer

[tdealing]

But if I apply as a family member of my mum, would I be able to apply for British citizenship straight after? I really want to get my British citizenship granted to me so I can vote.

For a section 6(1) of BNA AN application you need to have been settled for 12 months eg with PR (status).
That is not same as holding DCPR/PRC for 12 months.

I don't quite understand, what's the difference and how do I get PR status?

[tdealing]

Just a general update.

So my mum has all p60 for all those years, she also has HO work permit, she has proof of address as well as letters for all those years she was claiming child benefits tax for me when I was under 21 and still at college.

The issue could be I haven't got any proof of address to prove that I lived with her, other than confirmations from Revenue for every year that she was claiming child tax. I went to my bank and they said all statements get scrapped after 7 years, which means they can give me statements from the ned of 2009 and also give me a letter confirming that I opened an account with them when I was 16 but they can't give me a letter stating my previous addresses.
Also my college will send me a letter of confirmation stating the dates of my attendance.

What do you guys think? Are my mum's documents enough?

And obviously I would send the rest of my documents that I stayed in the UK since then.

[noajthan]

PR status is acquired automatically; the date is significant - especially when you want to naturalise.

You can apply for DCPR any time after that to confirm your PR status; date of issue of DCPR is irrelevant.

[noajthan]

Proof of residence:

• School letters;
  Health authority letters;
  Doctor/dentist/optician/clinic records;
  Youth club/Scouts/cadets records;
  Church/temple/mosque records;

& etc etc

[tdealing]

Proof of residence:

• School letters;
  Health authority letters;
  Doctor/dentist/optician/clinic records;
  Youth club/Scouts/cadets records;
  Church/temple/mosque records;

& etc etc

I literally haven't got any of that, I only have my certificates for each of my course I undertook but there's no address on those certificates.

I am so stressed out now.