Immigrationboards.com

Dear Friends,
I am an EU country citizen. My mother came over to the UK in 2010 to work. That time I was studying in Hungary (came to the UK during summer holidays to my mother) and finished my secondary studies in Hungary. From October 2011 I started my studies at a UK university.
During my studies I am a dependant on my mother. I plan to stay in the UK, finish my studies here, work and apply for ILR and UK citizenship.
I realised now that I might need to have an evidence of comprehensive sickness insurance as well during my uni studies? Is it really the case and I lost 3 months already? Or can I be considered as a family member in the UK (my mother has a full time permanent job) and I do not need this private insurance at all? I do not want to realise after 5 years that 3 years of uni studies are lost because of the lack of this private insurance. Plse advice and thanks

Did you apply for an EEA family permit as a family member to enable you to come to the UK most recently for your studies?

Did you apply for a residence card as a (dependent) family member?

Or did you come to the UK as a student using your own rights as an EU national?

How old are you?

nonspecifics wrote:Did you apply for an EEA family permit as a family member to enable you to come to the UK most recently for your studies?

EEA family permits are for non-EEA national family members of EEA nationals.

Quite correct Greenie. Likewise with residence cards they are also for non-EEA.

You and anyone else is welcome to correct me anytime, when I make mistakes or misleading statements. It helps to keep me right and is useful, so ta for that.

There was method in my madness though. We need more information.

I was just trying to get the the OP to explain explicity that they are studying under their own treaty rights as an EU national student in the UK; that they did not rely on being a family member in any registration certificate to UKBA.


UKBA CHAPTER 6 PERMANENT RESIDENCE , states:

" 1. From 20th June 2011 all EEA national students and self-sufficient
persons (including A2 nationals) who are applying for documentary
evidence of their right to reside in the UK, must provide evidence that they have comprehensive sickness insurance in the UK. "

Thus, if you did not get a registration certificate exercising treaty rights as a student before 20th June 2011 then you would need to show CSI for the five years when it comes to applying for permanent residence.


It could be a good idea for your mother to apply for a registration certificate on EEA1 and include you on it as a family member.

Then, when your five years are completed you can state you completed the five years as the family member of an EEA national who was exercising treaty rights during that time rather than relying on your own treaty rights.

Are you under 21?

If so, you are automatically a family member without proving you are mainly or wholly financially dependent on your mother. Over 21 and you will have to prove you are a dependant or part of the household as an other family member.


For the first three months of a stay in the UK you do not have to prove you are exercising treaty rights anyway, the assumption is that you are, so when applying for PR would they have to prove anything about the first three months?

I will be 21 in May this year.
As a Hungarian citizen I do not need any permit to come to the UK, to study or work here, so I used my own rights when I came to study. My mother applied for her residence card (blue card) after one year when
I was not in the country yet. I am registered on the electoral list of my mother's UK address from September last year when I came over to study here.

Thanks. So if I apply after 5 years for ILR as a family member of an EEA citizen excercising treaty rights in the UK, I would not need this private insurance? Luckily I am under 21 until May.

My mother applied on EEA1 for her blue card long-long ago and she received it. Could she add me now to it as a family member if it helped my case?

I don't have any personal experience of this, but I don't see there being any problem with sending in a new EEA1 registration certificate application and putting you on it too as her child.

Of course, now the restrictions on A8 countries were lifted, the EEA1 is not required, but in your case it would be very useful for your ma to apply for another one. This would NOT reset the clock back to zero for your ma with regard to her own PR.

As you are under 21, your ma only needs to prove your nationality and that you are her child ( passports and birth certificate).

Then your ma will be the one that proves the exercising of treaty rights and / or permanent residence and that you remained in the UK for five years as a family member.

Oh, and it's permanent residence (PR) you obtain via the EEA route, ILR is under UK immigration law, though basically the same.

Anyone else got something to add?