The Home Office is run by lovey

[dimitris189]

Apologies for the inflammatory subject title (which now seems to have been censored), however it pretty much summarises my experience and thus my frustration with dealing with the home office for the last year for an application for permanent residence as an EU citizen that was supposed to be straight forward but every time is blocked by some bigoted misanthropist case worker who seem to be going against the law and previous home office decisions by blindly refusing applications.

Today I received my second refusal from the home office and the case seems to be very straightforward unless I am missing something.

Without going into many details in the first refusal the HO wrote to me saying that I did not provide enough evidence I was a student during the period I was applying,

“However, an EEA national who was exercising treaty rights as a student prior to June 2011, who was not aware of the requirement to have comprehensive sickness insurance, would be exempt from demonostrating that they have procured such insurance. Although you have failed to demonstrate that you have been exercising treaty rights as a student, it should be noted that you would be exempt from requiring comprehensive sickness insurance.”

Now second application and they refused as follows:

“you have provided a letter from you university that states you were studying full time for the claimed period. However, you have failed to provide any proof that you held comprehensive sickness insurance fro this period which is required by regulation 4(1)(d)(ii) and therefore the home office cannot recognise you as a student as defined under regulation 4 of the immigration EEA regulations 2006."

The most outrageous part is that I had health insurance as a student, thus the in the first home office letter they wrote that I had the documents but they were not required. Now based on that I didn’t submit health insurance documents for a second time but they refused it!!

I am completely disgusted. 1 year and no PR yet. Why are we still in this god forsaken country?

[Casa]

Did you submit evidence of CSI post June 2011 when this became a requirement?

[dimitris189]

Did you submit evidence of CSI post June 2011 when this became a requirement?

I have not but the application was refused for the entire period stating:

"A notice was issued in August 2011 which introduced transitional arrangements, so that an application for permanent residence as a student will not be refused solely on grounds that there is no evidence of comprehensive sickness insurance on the date of decision where the UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011. As you did not apply for any documentation and so were not issued with such documentation these transitional arrangements do not apply in the context of your application for a document certifying permanent residence."

[CR001]

If you did not apply and have a Registration Certificate then you needed CSI.

[noajthan]

We have not seen that first refusal para before; normally ignorance is no excuse - as per second para.

Its just caseworkers going by the book, that is all.
Simply submit evidence of CSI.

[dimitris189]

We have not seen that first refusal para before; normally ignorance is no excuse - as per second para.

Its just caseworkers going by the book, that is all.
Simply submit evidence of CSI.

The paragraph before explains why they refused the application (not providing enough evidence of student status) then it says there was no need that I provided CIS since "it should be noted that you would be exempt from requiring comprehensive sickness insurance."

This is very clear, is it not? Where do you see ignorance is no excuse exactly? Stupidity is also no excuse but let's not go there.

"Simply submit evidence of CIS", I can refer you to my last sentence as well as to the fact that it takes 6 months, which will now add to the already 1 year passed another 6 months. They might then refuse the application again for whatever other reason.

[noajthan]

That extract is not recognisable as published guidance.
Never seen any example before that student can claim exemption due to being unaware / ignorant of CSI.

There is however plenty of guidance to say no CSI (or alternative) = not a student qualified person.
This is under any circumstance - ignorance included.

The 1st advisory may have been issued in error (perhaps by an uninitiated caseworker) and corrected by an experienced caseworker as per later advisory.

The later advice is recognisable: student RC from/before 2011 in lieu of CSI or else CSI (or alternative) always required.