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Exchange student in the UK = exercising treaty rights?
Posted: Tue Jan 10, 2017 10:22 am
by LondonApplicant
First of all, I understand the rule about multiple posts being merged (
http://www.immigrationboards.com/announ ... t5722.html ), but I am posting a separate topic because this is a totally separate question, unrelated to my other ones. My thinking is that having a separate thread with a very specific title will help other users who may have this same question, and who would struggle to find it if this were merged and effectively ‘hidden’ in another thread with a completely different title.
This is, at least, my two cents – the almighty moderators will do as they please, of course
The situation: partner is a EU citizen who spent the first 6 months in the UK as an exchange PhD student. She was enrolled in the PhD program of another European university and did an exchange period here. To be clear, the UK university did not award the PhD nor any other title – only the European university did.
Partner then spent a few months looking for work, then found one and has been in full employment ever since, i.e. for about 7 years.
In her application for permanent resident status, shall she specify that she started exercising treaty rights:
When she arrived here and was an exchange student?
When her PhD program finished and she started looking for work?
When she started working?
It should be a moot point because, regardless of which of these 3 it is, she has acquired permanent resident status since she started working about 7 years ago. However we are afraid the application might be rejected for technicalities – the press is reporting many such cases lately.
To be clear, she has never applied for any benefits from the UK. During her period as an exchange student and as a job-seeker she did not have private medical insurance and it’s not clear if she was covered by the NHS equivalent of her home country – for practical purposes we may assume she was not as she’d have no way of proving it.
Thanks!
comprehensive sickness insurance if employed in the UK ?
Posted: Tue Jan 10, 2017 10:55 am
by LondonApplicant
How about a mother who takes some time off work to look after a newborn?
Eg if she has a 6-month employment gap (not maternity leave, but 6 months where she was unemployed) would she need to show private medical insurance for that period? And, if she didn't have private medical insurance for that period, would her application for permanent resident be rejected?
Re: comprehensive sickness insurance if employed in the UK ?
Posted: Tue Jan 10, 2017 11:26 am
by noajthan
LondonApplicant wrote:How about a mother who takes some time off work to look after a newborn?
Eg if she has a 6-month employment gap (not maternity leave, but 6 months where she was unemployed) would she need to show private medical insurance for that period? And, if she didn't have private medical insurance for that period, would her application for permanent resident be rejected?
If anyone does not fall into a recognised category as a qualified person their PR clock will stop.
Being a mother at home is not an example of a qualified person unless they are retaining worker status (on maternity leave) or perhaps selfsufficient.
Yes, CSI is one requirement for a selfsufficient qualified person.
Re: comprehensive sickness insurance if employed in the UK ?
Posted: Tue Jan 10, 2017 11:29 am
by LondonApplicant
If the mother can prove she was self-sufficient while in between jobs, would she still need to prove she had private medical insurance?
If yes, I can think of many thousand Europeans who will find, much to their horror, they are not, in fact, permanent residents.
Re: comprehensive sickness insurance if employed in the UK ?
Posted: Tue Jan 10, 2017 11:39 am
by noajthan
LondonApplicant wrote:If the mother can prove she was self-sufficient while in between jobs, would she still need to prove she had private medical insurance?
If yes, I can think of many thousand Europeans who will find, much to their horror, they are not, in fact, permanent residents.
Yes.
Correct - read tales of woe in forum.
Re: Exchange student in the UK = exercising treaty rights?
Posted: Tue Jan 10, 2017 11:42 am
by noajthan
No CSI means not a student qualified person if no acceptable alternative in place and not exempted by student RC.
Re: Exchange student in the UK = exercising treaty rights?
Posted: Tue Jan 10, 2017 11:50 am
by LondonApplicant
I see - thanks.
So she started exercising treaty rights when she started working, because at that point she didn't need private medical insurance any more.
The period as a jobseeker doesn't count for the same reason, ie because she didn't have private medical insurance.
Re: Exchange student in the UK = exercising treaty rights?
Posted: Tue Jan 10, 2017 11:52 am
by noajthan
Jobseeker qualified persons don't need insurance either.
Check qualified person documentation:
https://www.gov.uk/government/uploads/s ... _clean.pdf
Re: comprehensive sickness insurance if employed in the UK ?
Posted: Tue Jan 10, 2017 12:02 pm
by noajthan
Posts merged as they are all about your case.
You may wish to choose a more holistic subject title.
Re: comprehensive sickness insurance if employed in the UK ?
Posted: Tue Jan 10, 2017 12:09 pm
by LondonApplicant
I explained my reasoning for posting a separate question but you disagree. What can I say, you're the moderator - you win
My humble opinion is that grouping every question of an applicant under the same thread is more confusing. Most applicants will have multiple questions, and not everyone else will be interested in all of those. One thread per topic, with very clear titles in the subject, would make everyone's life easier. E.g. if other people are interested in how a period as an exchange student is treated, surely having a thread titled 'exchange student in the UK = exercising treaty rights' will help because they will be able to read that and to contribute to that only, without navigating a thread with lots of other unrelated questions.
Re: comprehensive sickness insurance if employed in the UK ?
Posted: Tue Jan 10, 2017 12:43 pm
by noajthan
LondonApplicant wrote:I explained my reasoning for posting a separate question but you disagree. What can I say, you're the moderator - you win
My humble opinion is that grouping every question of an applicant under the same thread is more confusing. Most applicants will have multiple questions, and not everyone else will be interested in all of those. One thread per topic, with very clear titles in the subject, would make everyone's life easier. E.g. if other people are interested in how a period as an exchange student is treated, surely having a thread titled 'exchange student in the UK = exercising treaty rights' will help because they will be able to read that and to contribute to that only, without navigating a thread with lots of other unrelated questions.
Its not about any moderator - its about Board policy.
The questions are about your circumstances and aspects of your case.
If a member has a question about their circumstances they ask their own question in own topic.
(This clarifies cases and eliminates confusion and jumbled responses to who knows who).
Rather than cluttering up a migration topic with housekeeping questions, such questions about the Board should be asked in
Comments about discussion board forum.