Does not having CSI break my 5-year qualifying period?

[robo90]

Hi folks,

I havent been able to find an answer to this anywhere on here, so am hoping some of you lovely people might have some advice.

Context:
I am a German national, who originally came to the UK with my mother in Sept 2007. I then did my A-levels and then my 4-year degree and have been working since Mid-2013, all in the UK. I am now thinking about eventually applying for British Citizenship, but as a first step am looking to apply for the PR certifying card. My issue is that I did not have comprehensive sickness insurance at any time during my 4 year degree (which I now understand I was supposed to?) - I thought I was insured under my father's policy in Germany but reading the policy statement now, it would only have covered me for 6 months abroad in any given year. Also, I did some part-time work in my first couple of years at uni but I didnt in my final year.

Now here is my question:
my original plan was to apply for a qualifying period starting from May 2011-May 2016, but with me not having CSI for the period of May 2011-2013 does that mean I would not meet the 5 year mark?

If so, would it be possible to use any period before I went to uni to count towards my qualifying period?
i.e. Sep 2007 - 2009 - 2 years
+ June 2013 - June 2016 - 3 years
= 5 years?

Many thanks in advance. Any help would be much appreciated. The irony of all of this is not lost on me given that I am now in fact a civil servant for the Crown...

[noajthan]

Hi folks,

I havent been able to find an answer to this anywhere on here, so am hoping some of you lovely people might have some advice.

...

Now here is my question:
my original plan was to apply for a qualifying period starting from May 2011-May 2016, but with me not having CSI for the period of May 2011-2013 does that mean I would not meet the 5 year mark?

If so, would it be possible to use any period before I went to uni to count towards my qualifying period?
i.e. Sep 2007 - 2009 - 2 years
+ June 2013 - June 2016 - 3 years
= 5 years?

Many thanks in advance. Any help would be much appreciated. The irony of all of this is not lost on me given that I am now in fact a civil servant for the Crown...

Oh the irony.

Unfortunately, the qualified person must have been exercising treaty rights continuously so the 2 periods you suggest won't work out.

All is not lost, you have a couple of options to explore.

1) Did you have a UK-issued RC, issued to you as a student?
If so & it was issued in/before 2011 you would be exempt from showing you held CSI.

Then your carefree students would be counted towards acquiring PR and you could apply in your own right, using a period from, say 2010/11.

2) Is your mother an EEA national?
Was she (or other parent) exercising treaty rights continuously for a 5 year period from 2007?
If so you may have acquired PR via your parent/sponsor, from say 2007 - 2012.

Note if you were over 21 at any of that period you would have to show you were financially dependent on your parent.
You wouldn't have had to have lived together all the time - just both be in UK for same period.

And, as a direct family member (dependent) your activity in UK would have been immaterial - so no sight of CSI required;
(that is, assuming sponsor was not a student or self-sufficient person).

Did either of you enjoy any prolonged absences from UK after arriving in 2007?


Worst case: your PR clock started (when you started full-time work) in 2013.

[noajthan]

fyi - another German member's report about the German health insurance system :
http://www.immigrationboards.com/eea-ro ... n#p1357263

It may or may not help.
Suggest rechecking your German policy anyway.

You still have the 2 options (above) to dig into too.

[Noetic]

2) Is your mother an EEA national?
Was she (or other parent) exercising treaty rights continuously for a 5 year period from 2007?
If so you may have acquired PR via your parent/sponsor, from say 2007 - 2012.

If your Mum was exercising treaty rights in that time and you were her dependent or < 21 years old then your best bet is to shoot for PR as dependent of an EEA citizen for that period. Otherwise as has been said your PR clock didn't start until 2013.

[LilyLalilu]

fyi - another German member's report about the German health insurance system :
eea-route-applications/employer-has-requested-eea-fp-t210458.html?hilit=german#p1357263

It may or may not help.
Suggest rechecking your German policy anyway.

Sadly probably not an option - you can only have German Health insurance if you live there so if they moved away for good they were legally required to de-register from their address in Germany which then made them ineligible for German health insurance.
Oh well, hope the other options work out

[robo90]

Many thanks for all the responses. Very helpful clarifications.

1) Did you have a UK-issued RC, issued to you as a student?
If so & it was issued in/before 2011 you would be exempt from showing you held CSI.

Unfortunately no, I did not have the foresight to do that.

2) Is your mother an EEA national?
Was she (or other parent) exercising treaty rights continuously for a 5 year period from 2007?
If so you may have acquired PR via your parent/sponsor, from say 2007 - 2012.

Note if you were over 21 at any of that period you would have to show you were financially dependent on your parent.
You wouldn't have had to have lived together all the time - just both be in UK for same period.

She is and EEA national and was exercising treaty rights. However, I do not think I will be able to prove that I was financially dependent on her (for 2012, when I was 22). I refused to accept support from her and worked part-time (I guess was too keen to prove my independence then...)

Worst case: your PR clock started (when you started full-time work) in 2013.[/quote]

Yeah, that's what I thought. Real shame...

[noajthan]

Many thanks for all the responses. Very helpful clarifications.

...

2) Is your mother an EEA national?
Was she (or other parent) exercising treaty rights continuously for a 5 year period from 2007?
If so you may have acquired PR via your parent/sponsor, from say 2007 - 2012.

Note if you were over 21 at any of that period you would have to show you were financially dependent on your parent.
You wouldn't have had to have lived together all the time - just both be in UK for same period.

She is and EEA national and was exercising treaty rights. However, I do not think I will be able to prove that I was financially dependent on her (for 2012, when I was 22). I refused to accept support from her and worked part-time (I guess was too keen to prove my independence then...)

You don't have to have been 100% reliant on mom.
Perhaps 50% (but more than 0%).

How part-time was that part-time work in 2012?
Enough to make the case that you were a worker?