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CSI requirement
Posted: Fri Sep 12, 2014 7:44 pm
by Pearlofjune
Hi
I am filling up AN Form and I have some doubts...
Spanish entered UK 2002 to marry BC.
No Visa, no ILR, no CSI as no relevant at the time.
UK student for 12 years with evidences.
When I entered the UK in 2002 CSI was not a requirement for students until 2011? Does it make any difference that was no legal requirement to have CSI at that time?
In S. 1.3 Should I write down 2007 as the day I obtained automatic PR?
Please, can SOMEBODY advice?
Re: CSI requirement
Posted: Fri Sep 12, 2014 8:05 pm
by Jambo
CSI was a legal requirement since 2006. It wasn't enforced until 2011. Being a student as a EU national didn't lead to PR before 2006, unless you applied for it (ILR).
Haven't you work at all during the 12 years? If you were a student all the time without CSI and without applying for ILR (pre-2006), then the HO would argue you haven't obtained PR status. If you would have applied for PR before 2011, you have been fine (as CSI was not enforced) but not now.
Re: CSI requirement
Posted: Sat Sep 13, 2014 6:43 am
by Pearlofjune
Thank you Jambo for your reply.
If CSI was not enforced then it was not a legal requirement as you have no obligation to have one.Was not the law passed in June 2011?Am I wrong?
Could you please clarify this?
I have studied all this years. The reason for me to ask about PR is that when in 2006 was introduced the option to opt for naturalisation after 5 years of legal residence with no need for waiting 12 months after obtaining PR if married to British Citizen....
If I entered UK in 2002 then 2007 should be the date that I acquired automatic PR and the date from which I can assumed I am a PR?
Should this DATE be introduced in the appropriate box (date I acquired PR)?
If the Law was not in place in 2007 as CSI was not enforced until 2011 then should it make sense to think that 2007 is the correct answer?.
Regards.
Pearl
Re: CSI requirement
Posted: Sat Sep 13, 2014 8:13 am
by Jambo
The fact that somethibg is not enforced doesn't make it legal. If the speed limit is 70 mph but the police only gives fines from 90 mph, does it mean that driving 80 mph is legal?
The law was passed in 2006. It was only enforced in June 2011. If you applied before 2011, you were lucky. Not very fair, I agree.
Re: CSI requirement
Posted: Sat Sep 13, 2014 8:24 am
by Pearlofjune
Thank you Jambo.
Is this in relation to the European Directive relieving the state of the cost of providing healthcare in the first five years of the EEA national's presence in that state?. - In my case I entered the UK in 2002 and the Directive did not existed back then.
Also will not my Spanish Health card be enough to provide evidence for this?
Regards.
Pearl
Re: CSI requirement
Posted: Sat Sep 13, 2014 10:45 am
by Jambo
Read my post again. The law was passed in 2006. It just wasn't enforced by the HO until 2011. It was passed as part of the implementation of Directive 2004/38/EC. See
Regulation 4(d)(ii).
Re: CSI requirement
Posted: Sat Sep 13, 2014 10:51 am
by Jambo
Pearlofjune wrote:Thank you Jambo.
Is this in relation to the European Directive relieving the state of the cost of providing healthcare in the first five years of the EEA national's presence in that state?. - In my case I entered the UK in 2002 and the Directive did not existed back then.
Also will not my Spanish Health card be enough to provide evidence for this?
Regards.
Pearl
If you have a Spanish EHIC to cover for 5 years, then you are covered as this is accepted as CSI.
Re: CSI requirement
Posted: Sat Sep 13, 2014 11:53 am
by Pearlofjune
Sorry Jambo I meant Spanish National Health Card.
I went to the NCS last week and provided.
[*]Passport with Residency Registration Number PRINTED in the Passport itself by the spanish consulate. Not accepted by NCS.
[*]Spanish Consulate in London Certificate of Residency in the UK since 2002. Not accepted by NCS.
[*]UK degree. Not accepted by NCS.
[*]Spanish National Health Card as prove of CSI not accepted by NCS.
[*]Life in the UK. Accepted by NCS.
[*]Evidences of Studies. Accepted by NCS.
Any thoughts?