Possibility of obtaining PR while studying without CSI?

[DeepBlueUK]

Hello,

I am an EEA national and have been living in the UK for many years now (in total for well over the 5-year requirement for applying for a PR card). However, throughout must of my stay here I have been studying. Unfortunately, i did not obtain CSI during part of my studies.

Looking at the new PR application (functional post 6th April 2015), I can see that on section 9 (pg. 112-113) "Relevant EEA national’s activity as a qualified person", there are two sections which students can complete as applicable to them:
1) Study or self-sufficiency (financial resources)
OR 2) Study or self-sufficiency (comprehensive sickness insurance).

Does this mean that it is possible to prove self-sufficiency during one's studies without necessitating a CSI during that period? For example, on of the boxes states "(Student only) Evidence of a grant, scholarship or bursary" (pg. 112). Does this mean that providing evidence that one had a generous scholarship during that period, which covered living expenses, would be adequate?

It would be of great help to have a response to this, as this is a query frequently made by many potential PR applicants from EEA countries.

Thanks in advance.

[TJW]

Hi. I'm in the same boat as you and have just this minute spoken with UKVI. It all depends when you started the course at university and if you had continuous employment throughout the course.

The regulations were changed in 2011 when it became mandatory for EU nationals studying in the UK to hold CSI (if the course started before that you were fine for the whole duration of the course).

If you finished the course after the new regulation came into effect the time of study between the new regulation coming into effect and you finishing the course is lost with regards to the PR application.

For example, I myself started the course in February 2010 and finished in February 2013. This meant that I did not need the CSI but the time up to February 2013 does not count towards the PR-5-year-period.

However, the advisor said to me that there is no need for CSI if the student continues with any regular employment throughout the course (at least 1 day per months paying NI contributions). The fact that the course was/is full-time and the work is only 1 day per week does not matter (I asked this question because I myself are going to return to uni in September this year for a 2-year-course).

I hope the above helps, sorry for it not being good news (

[DeepBlueUK]

Hi and thanks for your response.

Not that I would like to doubt what you say (as, having studied between 2006-2009, what you say actually suits my application!), but your statement made me call UKVI too (just now), but I received a different response to yours. Actually, your response intrigued me, as it is the first time I have heard something like this and it contrasts the in-depth research into this which I have made up to now. The UKVI regulations online only state one thing (I do not know if they have changed - last time I read them was in February): that you need CSI unless you satisfy one condition (the condition is having had applied to register for residency before the start of your studies, if they occurred before 2011). So, we should be careful not to provide misleading information on here.

Perhaps someone else with ample experience on this matter can provide any insights into this, as I think it is a key issue concerning many PR / Nationality applicants?

Also, perhaps someone can confirm that the following statement you made is correct: "employment at least 1 day per months paying NI contributions being sufficient to be considered as employment".

[rosebead]

The 2011 rule is that you must have been issued with a registration certificate before June 2011 in the category of exercising Treaty rights as a student to benefit from the Home Office's amnesty on students with no CSI.

@DeepBlueUK, even if you were exercising Treaty rights as self-sufficient, you would still require CSI I'm afraid.

[DeepBlueUK]

Ok, many thanks for the clarification. Any ideas in regard to the following statement:

"employment at least 1 day per months paying NI contributions being sufficient to be considered as employment".

[rosebead]

Yes 1 day a week of work could possibly be argued to be genuine and effective employment, especially if is regular and you have been doing it a long time, in which case you could make a claim to be exercising Treaty rights as a worker rather than as a student if that's what you would prefer. I would personally try to work at least 10 hours a week because there is EU case law that says this low amount of hours cannot rule out an EEA national from being considered as a worker.

[DeepBlueUK]

Ok, many thanks for the response.

[TJW]

Hi, just out of interest, what information did you get when you called UKVI?

Also, with myself - as said before - returning to do a full-time 2 year course at university in September I contacted the course administrator to enquire about the need for CSI and was told that this would not be necessary because I would be covered as EU-National.

@ Rosebead: would the minimum of 10 hours per week be acceptable 'as average', for example, more in times of course-breaks or when not a lot is happening at uni and less in the weeks prior to exams ....

(Sorry for hijacking the thread).
TJW

[rosebead]

@TJW, it's not so much hours but whether you were working regularly, plus the longer you've worked the more your employment could be considered genuine and effective. Other things like a contract and annual and sick leave further strengthen the argument.

[DeepBlueUK]

Hi, when I called UKVI I spoke to someone who did not have any idea about this and had to keep asking someone else to give me responses. In the middle of the call I realised that the information I was receiving meant nothing in terms of having any weight on how my application will actually be handled once submitted.

A sensible approach would be to consider what the actual official "written" guidelines/regulations state, which is what "rosebead" mentioned in his / her message above:

"The 2011 rule is that you must have been issued with a registration certificate before June 2011 in the category of exercising Treaty rights as a student to benefit from the Home Office's amnesty on students with no CSI."

[Torex]

The regulations were changed in 2011 when it became mandatory for EU nationals studying in the UK to hold CSI (if the course started before that you were fine for the whole duration of the course).

When exactly was the compulsory CSI introduced?
Does anyone have any source links?