Immigrationboards.com

Hello,

I'm in a bit of a problem I think: I'm a EU national who has lived outside the EU for a couple of years. Then I was hired by a company in the UK, and finally laid off. I've just started a funded PHD two months ago. I only heard about CSI yesterday, and now I'm really worried.

Not having lived in my home country (Germany) for a few years means I don't have access to an EHIC. Having an existing condition means I cannot get CSI either, at least, by the sound of it not the type the home office requires. And if one insurer is willing to take me on on HO terms then I won't be able to pay for it from my tiny stipend. What do I do now?

yirara wrote:Hello,

I'm in a bit of a problem I think: I'm a EU national who has lived outside the EU for a couple of years. Then I was hired by a company in the UK, and finally laid off. I've just started a funded PHD two months ago. I only heard about CSI yesterday, and now I'm really worried.

Not having lived in my home country (Germany) for a few years means I don't have access to an EHIC. Having an existing condition means I cannot get CSI either, at least, by the sound of it not the type the home office requires. And if one insurer is willing to take me on on HO terms then I won't be able to pay for it from my tiny stipend. What do I do now?

Do you have any Union citizen in UK who can act as your sponsor?

noajthan wrote:

yirara wrote:Hello,

I'm in a bit of a problem I think: I'm a EU national who has lived outside the EU for a couple of years. Then I was hired by a company in the UK, and finally laid off. I've just started a funded PHD two months ago. I only heard about CSI yesterday, and now I'm really worried.

Not having lived in my home country (Germany) for a few years means I don't have access to an EHIC. Having an existing condition means I cannot get CSI either, at least, by the sound of it not the type the home office requires. And if one insurer is willing to take me on on HO terms then I won't be able to pay for it from my tiny stipend. What do I do now?

Do you have any Union citizen in UK who can act as your sponsor?

What do you mean with this? You mean if I'm married to a UK citizen or that I know someone who's a member of a workers union? Both no.

yirara wrote:

noajthan wrote:Do you have any Union citizen in UK who can act as your sponsor?

What do you mean with this? You mean if I'm married to a UK citizen or that I know someone who's a member of a workers union? Both no.

No, not a British citizen they can't sponsor folks on EU route; do you have any potential Union/EEA citizen sponsor in UK?
eg an EEA spouse, partner or parent?

If not you appear to have no current basis to reside, work or study in UK.

I am honestly not sure what you're trying to explain. Am I in the wrong forum, or do EU citizens need a EU partner to reside in the UK to study there? And if I'm in the wrong forum, then in which one should I be instead?

yirara wrote:I am honestly not sure what you're trying to explain. Am I in the wrong forum, or do EU citizens need a EU partner to reside in the UK to study there? And if I'm in the wrong forum, then in which one should I be instead?

If you are studying in the UK without CSI then you are not exercising your Treaty rights. If you had an EU sponsor (e.g family member) CSI wouldn't be required.

I'm sure that noajthan will explain the situation more succinctly when he is back online.

Casa wrote:

yirara wrote:I am honestly not sure what you're trying to explain. Am I in the wrong forum, or do EU citizens need a EU partner to reside in the UK to study there? And if I'm in the wrong forum, then in which one should I be instead?

If you are studying in the UK without CSI then you are not exercising your Treaty rights. If you had an EU sponsor (e.g family member) CSI wouldn't be required.

I'm sure that noajthan will explain the situation more succinctly when he is back online.

Ok, no, that's not the case. And given my age, I could not be health insured in my home country via my parents, or get insurance as a student. Thus what options do I actually have? What can I do?

And honestly, my university only has the advise for international students to check for the nearest GP, go there, register. That's all.

Looking at the residency information it seems like I should have registered with a job centre when I lost my job as well. However, they just sent me away, telling me they could not do anything for me anyway other than register, which they could not be bothered with as I didn't qualify for anything anyway (rephrased. It came down to that)

If you were laid of as you said, and went into a course of studies, then you retain your worker status for as long as you are studYong. You only register if you are seeking work.

Obie wrote:If you were laid of as you said, and went into a course of studies, then you retain your worker status for as long as you are studYong. You only register if you are seeking work.

But during the period of study, CSI would be required.

Qualified persons.

yirara wrote:I am honestly not sure what you're trying to explain. Am I in the wrong forum, or do EU citizens need a EU partner to reside in the UK to study there? And if I'm in the wrong forum, then in which one should I be instead?

You are in the appropriate forum.

If you cannot exercise treaty rights in your own right it is possible to be sponsored who is.
That is the lifeline I was passing to you.

Suggest read up on qualified persons to catch my drift.

Casa wrote:

Obie wrote:If you were laid of as you said, and went into a course of studies, then you retain your worker status for as long as you are studYong. You only register if you are seeking work.

But during the period of study, CSI would be required.

If Regulations 6 (2)(c) applies, then she does not need to have CSI. The European Court of Justice has ruled that a University Course can amount to vocational training.

yirara wrote:...
Then I was hired by a company in the UK, and finally laid off. I've just started a funded PHD two months ago.

...

Was there a gap between work and commencing at university? If so, how long and what did you do in the intervening period?

noajthan wrote:

yirara wrote:...
Then I was hired by a company in the UK, and finally laid off. I've just started a funded PHD two months ago.

...

Was there a gap between work and commencing at university? If so, how long and what did you do in the intervening period?

Jep, there was. Nearly 6 months. I did some training funded by the authority here for people being laid off, and learned to programme in self-study as I could not get training for that.

Just a thought: as a PhD student I will take on tutoring in the new year. That will pay for a bit of money, but not enough to be classed as a worker. Would it be possible to pay NI contributions voluntarily? I only found this one here: https://www.gov.uk/voluntary-national-i ... tributions

"Both employed and self-employed, with low earnings and small profits - Contact HM Revenue and Customs (HMRC) to check if you have a gap and how much you need to pay "

During the half year break I learned to programme, did some courses sponsored by a state organisation (and the EU), and of course applied for work. But there was literally nothing that I was qualified for other than working in a pub. I'm just extremely specialised.

yirara wrote:Just a thought: as a PhD student I will take on tutoring in the new year. That will pay for a bit of money, but not enough to be classed as a worker. Would it be possible to pay NI contributions voluntarily? I only found this one here: https://www.gov.uk/voluntary-national-i ... tributions

"Both employed and self-employed, with low earnings and small profits - Contact HM Revenue and Customs (HMRC) to check if you have a gap and how much you need to pay "

To be classed as a worker the work has to be genuine and effective rather than supplementary/marginal;
that is all as per EU law and there are no minimum wage or hours specified.

Lack of NI does not lead to automatic refusal but triggers further investigation to see if the genuine/effective test is met.

On top of that HO applies its own MET test (above and beyond the cleaner, purer EU law) to see if caseworker will agree you are indeed a worker.

yirara wrote:During the half year break I learned to programme, did some courses sponsored by a state organisation (and the EU), and of course applied for work. But there was literally nothing that I was qualified for other than working in a pub. I'm just extremely specialised.

As has been suggested, if you can make a case that all that training and then subsequent study is 'vocational training' then you may be able to retain worker status from your previous job.
if so no CSI would be required as you would stay in the worker category of qualified person.

This is what you need to dig into; rock-solid documentary supporting evidence will be required.
the
Even so it may be that HO plays hard ball and refuses you in first place;
if so you will need to pursue your right through appeal and/or the courts.