Immigrationboards.com

Hi everyone,

I am a newly registered user, though I have been reading the forum for a while now, searching for information and answers to my questions. I apologise in advance if any of the following questions have been fully answered before, but as I said, I have been reading a lot on these forums and there are still questions that I hope some of you will be able to answer. I highly appreciate your help guys!

I am a Lithuanian national and I came to the UK on the 3rd December, 2009. I started working full-time on the 19th December and worked for the same company until mid 2011. I had declared my country of residence as UK in 2009 and it has not changed. Therefore, I am only a citizen of Lithuania, not a resident. I would have applied for PR sooner, but my WRS was only issued in 2011 since I did not know nothing about it. As far as I understand, my period in the UK only started counting when the WRS was issued. Is this correct? Also, I do not suppose that my case is classed as having worked for that employer continuously for 12 months since it would be right before the WRS had been issued and not after (left the company a few months after the issue of the WRS and also WRS was abolished for Lithuanian nationals in April 2011). Is this also correct? Furthermore, after I left my first job, I was unemployed a.k.a self-sufficient for about two weeks until I found my next job. I did not claim any benefits during those two weeks. My friends supported me financially by cash in hand, therefore no proof of such funds except for a statement from those people that they indeed had lent me money to sustain myself for those two weeks. I did not possess any kind of CSI either. Do you think it would be enough for HO to refuse me, based on not having CSI for two weeks?

During the period from late 2011 to late 2015 I worked more or less continuously until I became a full-time student last September. As a student, I do not have any kind of CSI, nor do I have a Lithuanian EHIC card. In fact, I cannot even have a LT EHIC card because I am not registered there, if I am not registered, I cannot pay health insurance, if no health insurance, then no EHIC. I moved to the UK in 2009 with a full intention to remain there. Now I would like to make a few points which I hope could compensate for the fact that I have not had CSI since the start of my studies. Firstly, even though I've lived in the UK for nearly 7 years now, I have never been registered with NHS (I know, silly of me), I just never needed any help, but whether I would have to pay for treatment if I am not registered I do not know. I am just stating a fact that I do not feel like I am a burden on the society. Secondly, since late 2013/2014 I have had £10-15k in my bank account and that figure does not really change. These are my own funds which have been saved up over time, I also have a similar sum in my savings account in Lithuania. My point is that given a situation, I can cover my treatment costs in case something happens, therefore, from my point of view, I am not a burden on the society. Furthermore, I have never claimed any benefits whatsoever. I do not have any ties to my country of citizenship, I am under 30, my parents are deceased, no other immediate family members except for a grandmother to whom I am very close, but nothing else.

My main question is - do you guys think I have chance on obtaining a PR on the basis that I've had sufficient funds under my name for the last 2-3 years to support myself financially, given a need for medical treatment? My country will be considering to allow dual citizenship, otherwise I would not be after the UK citizenship, but if I have to wait another 8 years or so to get my PR (I would not pay for CSI for 3 years until my studies are finished) then I feel like there is no fairness at all.

Anyways, I understand that the law is the law and the HO would have the right to refuse me in case I applied, however I really want to hear your opinions and I will be really grateful if some of you could share their thoughts with me. Massive thanks.

Unfortunately the rules are the rules. Under the EEA regs, you are not exercising treaty rights if you are a student or self-sufficient and don't have CSI.

From an initial look, you seem to have stopped your PR clock a few months short of 5 years, when you stopped working and became a student without CSI.

Not using the NHS or having substantial savings does not negate the CSI requirement. You would have been entitled to free NHS care while you were working anyway.

Xter27 wrote: Firstly, even though I've lived in the UK for nearly 7 years now,

In order to be able to reside in another EEA country, we have to be exercising our treaty rights of free movement by being a qualified person.

To have PR in that country, we must be a qualified person for 5 continuous years.

You were meant to register with the WRS to be able to work in the UK and you didn't do that it seems.
Your PR clock started when that scheme was scrapped, if you were then exercsiing treaty rights as a qualified person.

But then you keep stopping exercising your treaty rights.

Xter27 wrote:I cannot even have a LT EHIC card because I am not registered there,

Then for the times when you were/are a Sufficient or student, you needed to buy a CSI.

Xter27 wrote:I was unemployed a.k.a self-sufficient for about two weeks until I found my next job. I did not claim any benefits during those two weeks.

Xter27 wrote:During the period from late 2011 to late 2015 I worked more or less continuously

How were you exercising your treaty rights when you were not working during this time?

Xter27 wrote: I became a full-time student last September

You need to buy a CSI to be a student qualified person, as you said you can't get an EHIC from your own country.



From what I understand, when you buy your CSI as you are a student, then your 5 year clock to PR will start again.

You must then remain a qualified person continuously for 5 years for PR.
Either -
Student or self sufficient with a CSI.
Worker - must earn the minimum earning amount to be a worker qualified person. If self employed, you must earn that and register with HMRC too (see what else UK says you must do to be SE)
Jobseeker has a limited time to remain a jobseeker qualified person.

Very unfortunate, due to lack of information or whatever other reasons.

If not exercising treaty rights at all (or correctly) you, strictly speaking, do not actually have a right to reside, work or study in UK.

If now working then that will have regularised your position.
Otherwise suggest get some CSI in place to validate your student status (with CSI) to regularise your stay.
Alternately you can rely on own resources as a self-sufficient qualified person (again with CSI in place).

Thank you for speedy replies!

I can only wish there was an insurance company which could provide a back dated cover, but surely there is no such thing.

How were you exercising your treaty rights when you were not working during this time?

I was registered with multiple employment agencies, therefore there were no gaps in employment as at any one time I may have been registered with two agencies simultaneously.

The only questionable period are those two weeks after I left my first job, but either way, I do not seem to qualify due to currently not having a valid CSI, which is indeed very unfortunate.

Otherwise suggest get some CSI in place and rely on self-sufficient status to regularise your stay.

noajthan, just to be sure, do you mean regularise it as from now on or from the date I started my studies?

Xter27 wrote:I was registered with multiple employment agencies, therefore there were no gaps in employment as at any one time I may have been registered with two agencies simultaneously.

The only questionable period are those two weeks after I left my first job, but either way, I do not seem to qualify due to currently not having a valid CSI, which is indeed very unfortunate.

Otherwise suggest get some CSI in place and rely on self-sufficient status to regularise your stay.

noajthan, just to be sure, do you mean regularise it as from now on or from the date I started my studies?

Being registered with an employment agency may go some way to demonstrating jobseeker status but it doesn't necessarily prove worker status.
To be a worker, work has to be 'genuine & effective'.

You're correct, CSI can't be backdated.
Getting a suitable CSI policy now will jumpstart your PR clock which will now have to run for a further 5 years (in one or other category of qualified person) in order for you to acquire PR.
Any absences from UK will have to be within prescribed limits too.

Not having CSI from last September (and not registering for WRS previously) has written off any PR time you had accrued previously, and, as it did not amount to 5 years, PR has not been acquired yet.

Xter27 wrote:I can only wish there was an insurance company which could provide a back dated cover, but surely there is no such thing.

Of course not, as they'd never make any money if people only bought medical insurance AFTER they needed it