EEA/PR and Comprehensive Sickness Insurance

[babaganoush]

I'm attempting to naturalise as a UK citizen. I understand that I previously need to obtain a permanent residence card via the form (EEA/PR). I have a couple of question about this, and any help would be greatly appreciated.

I am a Swiss national, and as such qualify under the EEA regulations.

I first entered the UK in August 1999 and have been resident here ever since.

I was a student from August 1999 - August 2010 with short periods of employment in between.

Since September 2010 I'm in employment.

I understand from the form that for the periods that I have been a student I have to proof that I had "Comprehensive Sickeness Insurance". Unfortunately, I never had CSI coverage - I did not even know that I needed it exercise treaty rights.

Does this mean that for the purpose of obtaining a permanent residence card, that I should only claim residency since September 2010? In a way this is a shame, as it'll mean that I have to wait to put in my naturalisation application to autumn of this year, as I understand that I need 5+1 years residency before I can apply for naturalisation.

Also if I do only claim residency since September 2010, how do I need to express this in the EEA(PR) form? In section 5 of the form I have the enter the date I first entered the UK - do I just change this to September 2010 (rather than August 1999) - or is there another way to accomplish this?

any help would be greatly appreaciated.

[noajthan]

I'm attempting to naturalise as a UK citizen. I understand that I previously need to obtain a permanent residence card via the form (EEA/PR). I have a couple of question about this, and any help would be greatly appreciated.

I am a Swiss national, and as such qualify under the EEA regulations.

I first entered the UK in August 1999 and have been resident here ever since.

I was a student from August 1999 - August 2010 with short periods of employment in between.

Since September 2010 I'm in employment.

I understand from the form that for the periods that I have been a student I have to proof that I had "Comprehensive Sickeness Insurance". Unfortunately, I never had CSI coverage - I did not even know that I needed it exercise treaty rights.

Does this mean that for the purpose of obtaining a permanent residence card, that I should only claim residency since September 2010? In a way this is a shame, as it'll mean that I have to wait to put in my naturalisation application to autumn of this year, as I understand that I need 5+1 years residency before I can apply for naturalisation.

Also if I do only claim residency since September 2010, how do I need to express this in the EEA(PR) form? In section 5 of the form I have the enter the date I first entered the UK - do I just change this to September 2010 (rather than August 1999) - or is there another way to accomplish this?

any help would be greatly appreaciated.

You are on right track.

If no CSI or foreign-issued EHIC your student years won't have counted to PR clock.

There's a longshot - if you had some sort of cover in home country (or were covered by parent's health insurance in some way)?

Or did you have a RC issued to you as a student in/before 2011?
If so there's a transitional arrangement you can invoke (then no need to show CSI).

Otherwise your PR clock will only have started in 2010 as a worker.

Don't falsify your entry date on the form.
You still entered UK when you did.

Just fill in form with all categories of activity, dates & etc.
When/whether you had CSi, state when you didn't.

Caseworker will sort it all out.
You can highlight your qualifying period in 'info' section of form if you wish.

Make sure documentary supporting evidence is unimpeachable.
Keep copies/scans of all you submit.

You haven't lost any time really.
You do need a PR card. It may take 6 months to get one.
Then you can shoot for privilege of citizenship in the autumn, right on track.

Good luck.

[noajthan]

Just a thought I don't know lot about Switzerland but I understand your country is not a full member of EU/EEA.
There are various opt outs in place (just as we have in UK).

So you may want to check that the regular approach to treaty rights & free movement fully applies to you.
You don't want to be caught out by some 'gotcha'.

[babaganoush]

Many thanks noajthan for your useful replies. As far as I understand the fact that I'm Swiss should not pose any problems.

I have one follow-up question. Even though I have been in employment since September 2010 as I've stated in my original post, for the period September 2010-March 2011 my employment has been relatively minimal. I was essentially still studying but did some hourly paid teaching on the side. Will it be accepted that I was in employment then, even though my monthly salary would have been minmal - maybe around £200 a month? Or are they likely to argue that I was a student then, and because of my lack of CSI coverage this period does not count to establish PR. In which case I might be better off to have March 2011 as the start date for my application as I have a much more steady job since then (and was no longer registered as a student)? Again, if possible I'd like to avoid this as it would mean that I'd have to wait longer before I can apply for naturalisation.

[noajthan]

Many thanks noajthan for your useful replies. As far as I understand the fact that I'm Swiss should not pose any problems.

I have one follow-up question. Even though I have been in employment since September 2010 as I've stated in my original post, for the period September 2010-March 2011 my employment has been relatively minimal. I was essentially still studying but did some hourly paid teaching on the side. Will it be accepted that I was in employment then, even though my monthly salary would have been minmal - maybe around £200 a month? Or are they likely to argue that I was a student then, and because of my lack of CSI coverage this period does not count to establish PR. In which case I might be better off to have March 2011 as the start date for my application as I have a much more steady job since then (and was no longer registered as a student)? Again, if possible I'd like to avoid this as it would mean that I'd have to wait longer before I can apply for naturalisation.

It's a good question.

The acid test is whether the work was genuine and effective or was it marginal and supplementary.

You can get into the head of the caseworker who will be weighing up your case with this HO guidance:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see pages 11-12

[Samelamin]

Actually I believe if you were a student prior to June 2011 you do not require CSI

Annex B – Comprehensive sickness insurance – Transitional arrangements for students

Note: These arrangements apply only to EEA nationals applying for permanent residence documentation (or for exempt registration certificates for A2 nationals) on the basis of being a student where they have been issued with a registration certificate in that capacity before 20th June 2011.

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.

2. Transitional arrangements are being introduced, so that an application for permanent residence as a student will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of decision where:

UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011.

Should I request compensation from UKBA? What amount? They are highly unprofessional. They are trying to ruin my career as I need to travel a lot on business.

[babaganoush]

Again, many thanks eveyone for your help. Just one further question in regard to the documenation that is required to proof employment.

The guidelines say that the following documents must be included.
- Letter from employment
- Wage slips and bank statemnts
- P60s for each year

While i have the first two for all my employment. I miss P60s for two years. Is this likely to cause any problems, given that I can clearly demontrate my employment via signed letters and wage slips/bank statements?

Many thanks for your help.