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"Self- sufficient" with no CSI- is that illegal?
Posted: Tue Mar 08, 2016 2:41 am
by kiwi_fruit
Sorry if similar was already asked- like many I can't get my head around this CSI thing( turns out that even though I've lived in the UK for almost 10 years I haven't been "exercising the treaty rights" and can't apply for PR etc) All this time I've lived with my partner (British citizen). I was going to wait and see what happens in this Referendum now but it just crossed my mind- am I breaking some sort of laws if I don't exercise the TR, will I run into problems if say Brexit happens and I need to apply for visa, will they consider it an immigration offence or something?
Also, I know that ILR is for non- EEA people but if UK's no longer part of EU- would that be a possibility or does it also require the CSI?
Re: "Self- sufficient" with no CSI- is that illegal?
Posted: Tue Mar 08, 2016 5:28 am
by secret.simon
I can not find the thread now, but on another thread, somebody had opined that for an EEA citizen, living in the UK (or other EEA country) without exercising treaty rights would be unlawful, but not illegal.
I am fairly certain that EEA citizens cannot be deported for merely not exercising treaty rights.
I will wait for others, hopefully the author of the opinion on the other thread,to comment.
Re: "Self- sufficient" with no CSI- is that illegal?
Posted: Tue Mar 08, 2016 9:10 am
by noajthan
This HO guidance on 'administrative removal' for not exercising treaty rights may be of relevance & interest:
https://www.gov.uk/government/uploads/s ... A_v8_3.pdf
Note admin removal for not exercising treaty rights (or for abuse of treaty rights) is evidently not the same as deportation.
Re: "Self- sufficient" with no CSI- is that illegal?
Posted: Tue Mar 08, 2016 10:39 am
by LilyLalilu
"For example, an EEA national who repeats a cycle of leaving the UK shortly before their three month period expires, only to re-enter in order to benefit from a further three month’s period of residence, therefore being able to reside indefinitely without exercising Treaty rights." (p.10 of noajthan's link)
Sorry, off-topic but this is interesting...didn't know that this was even possible, thought one could only enjoy another initial three months right to reside after leaving for 6 months!
Re: "Self- sufficient" with no CSI- is that illegal?
Posted: Tue Mar 08, 2016 9:02 pm
by Richard W
So far as I can tell, the OP could do an English test, leave the UK and return and then apply for FLR(M), though until the application was lodged, she would be at risk of being administratively removed for abusing freedom of movement. After 5 years and a few thousand pounds, and passing LitUK, she would then have ILR.
Getting comprehensive CSI might be cheaper.
I hadn't realised that EU nationals could be administratively removed from the UK for doing visa runs. Has this been tested in the courts?
Re: "Self- sufficient" with no CSI- is that illegal?
Posted: Wed Mar 09, 2016 2:33 am
by kiwi_fruit
Thanks guys, *somewhat worrying* food for thought. It's weird though, as I remember looking up the EU free movement rights 10 years ago, as I was settling in and I didn't come across CSI.
How unpleasant to realise I have a precarious status after considering UK home for many years now
Any ideas of how much would a cheapest policy be, approx, for somebody in their late 20s? I can't seem to find out without getting an actual quote. Is it even worth getting, as I can't backdate it?
Re: "Self- sufficient" with no CSI- is that illegal?
Posted: Wed Mar 09, 2016 9:52 am
by ohara
Don't worry about it mate, I've been here my whole life and had no idea about CSI until about 6 months ago. Obviously it's now far too late as I've finished my studies etc. I now have permanent residence as I've been working since 2008.
Are you still self sufficient?