Is CSI required for a non-EEA spouse employed in the UK?

[IvDx]

Hi,

I am a dual citizen of UK and Switzerland, currently a PhD student in the UK with a full scholarship. My wife is a non-EEA citizen. After living with me for over a year in Switzerland, she successfully applied for an EEA Family Permit under the Surinder Singh Route. We came to the UK together in March 2017.

My wife is now applying for a residence card (EEA2), still under the Surinder Singh route. My wife has recently found full-time employment in the UK with a reputable employer. Given that I am a student, I believe that she should in principle have Comprehensive Sickness Insurance. But given that she herself is employed in the UK, I am wondering whether this requirement is waived for her.

Could somebody please indicate whether my wife does in fact need CSI and, ideally, provide an official source that confirms their answer? I've been digging through many posts and the gov.uk website but cannot seem to find a definitive answer---in fact I've read so much at this point that I feel quite confused.

Thank you so much for any help you can provide!

[rahmsye]

Hi,

I am a dual citizen of UK and Switzerland, currently a PhD student in the UK with a full scholarship. My wife is a non-EEA citizen. After living with me for over a year in Switzerland, she successfully applied for an EEA Family Permit under the Surinder Singh Route. We came to the UK together in March 2017.

My wife is now applying for a residence card (EEA2), still under the Surinder Singh route. My wife has recently found full-time employment in the UK with a reputable employer. Given that I am a student, I believe that she should in principle have Comprehensive Sickness Insurance. But given that she herself is employed in the UK, I am wondering whether this requirement is waived for her.

Could somebody please indicate whether my wife does in fact need CSI and, ideally, provide an official source that confirms their answer? I've been digging through many posts and the gov.uk website but cannot seem to find a definitive answer---in fact I've read so much at this point that I feel quite confused.

Thank you so much for any help you can provide!

You need CSI if student or self sufficient. if employed or self employed then it is not needed.

[secret.simon]

Could somebody please indicate whether my wife does in fact need CSI and, ideally, provide an official source that confirms their answer?

Yes, your wife needs CSI, but you don't. Her work (or lack thereof) is immaterial under EU law. It is your exercise engaging of EU law that matters. If you were an EEA student, you and your family members would have required CSI to qualify for a Residence Card. As you are a British citizen, the requirement as to you is lifted, but not for the rest of your family here on the SS route.

(7) For the purposes of determining whether, when treating the BC as an EEA national under these Regulations in accordance with paragraph (1), BC would be a qualified person—
(a) any requirement to have comprehensive sickness insurance cover in the United Kingdom still applies, save that it does not require the cover to extend to BC;

[IvDx]

Yes, your wife needs CSI, but you don't. Her work (or lack thereof) is immaterial under EU law. It is your exercise engaging of EU law that matters. If you were an EEA student, you and your family members would have required CSI to qualify for a Residence Card. As you are a British citizen, the requirement as to you is lifted, but not for the rest of your family here on the SS route.

Thank you so much for this precise and extremely helpful answer, Simon. I really appreciate!