If you continue to use this site we will assume that you are happy with it. Comprehensive sickness insurance requirement. The legal loophole you have never heard of The term ‘Comprehensive Sickness Insurance’ (CSI) has suddenly become a hot topic among EU citizens in the UK. Alastair worked with the client to obtain proof of the relationship, such as their marriage certificate and documents demonstration cohabitation, alongside P60 documents to evidence the husband’s self-employment during the client’s qualifying period. Comprehensive Sickness Insurance (CSI) is any form of insurance that will cover the costs of medical treatment. A qualified person means that they are either working, self-sufficient, self-employed, or studying. Lurking behind these rules is a further potential problem, the good character requirement common to most nationality applications, which permits the Home Office to review an individual’s compliance with immigration laws going back 10 years. If you were an EU, EEA or Swiss citizen or their family member in the UK as a student or self-sufficient person, there was a requirement for you to hold Comprehensive Sickness Insurance during that time. Appendix D: Keeping records for your sponsored workers, Millions eligible for new Hong Kong BNO Visa, Appendix D: A guide to record keeping for sponsors. When the Brexit transitional period ends on 31 December 2020, Germany intends to limit dual nationality to countries that are also in the EU, unless an exemption applies such as individual acquiring another citizenship through birth. In the past few days, the misleading term ‘Comprehensive Sickness Insurance’ (CSI) has suddenly become a hot topic among EU citizens in the UK. In this case, Anthony was able to persuade the Home Office to exercise discretion and disregard the absences on the basis that his client has been resident in the UK for over seven years, and during her time as a student she had held the appropriate medical insurance and was able to support herself financially. In this article, we discuss why some Europeans may face greater difficulties when applying for British citizenship, and take a look at some case studies where SSW consultants have helped clients to successfully naturalise as British citizens. The disregard does not carry forward to a citizenship application – we have seen applicants who lost their £1330 citizenship application fee (less an £80 citizenship … Regrettably, this approach to determining EUSS applications does not apply to the consideration of British citizenship cases. From EU Settled Status to Naturalising as a British Citizen: The problem of Comprehensive Sickness Insurance. If you are considering naturalising as a British citizen, and your time in the UK has included self-sufficiency or full-time study, you must think very carefully about evidencing sickness insurance during relevant periods. take into account all the facts surrounding such a breach and make a full assessment about whether discretion should be exercised in their favour. Nationality guidance states: You must consider why the applicant did not have comprehensive sickness insurance. . You may well be familiar with the 3 or 5-year residence requirement, rules on good character, and on the need to be free from immigration restrictions when applying. Third, you may have cover under a reciprocal arrangement between your own government and the UK. The UK can require you to provide proof of comprehensive sickness insurance cover for yourself and your family members. taking the next step and applying for British citizenship. I know that EU students are expected to have CSI in theory, but that not many people actually do this or indeed know about it, but I'd rather follow the rules properly! Unfortunately, this isn’t always the case. EU Citizens and Comprehensive Sickness Insurance - What's the Big Secret? However, this grant of settled status will not confirm that they were here lawfully under the EEA Regulations during that time. Unfortunately, those who did not have this were technically not complying with … time comes to naturalise as a British citizen, , many EU citizens are therefore required to evidence they resided in the UK as a ‘. Since launching fully on 30 March 2019, the EU Settlement Scheme (EUSS) has awarded ‘settled status’ to over two million EU nationals on the basis of their period of residency in the UK. Comprehensive Sickness Insurance as a condition for Permanent Residency in the UK An European national will automatically qualify for UK Permanent Residence (PR) if they have lived in the UK as a qualified person for a consecutive period of 5 years. We are authorised and regulated by the Solicitors Regulation Authority and a link to their website is at, The path to naturalisation at discretion which leads to British citizenship for the vast majority of adult applicants is a well-trodden one, the law being set out in the, , principally at Section 6 and Schedule 1. You may well be familiar with the 3 or 5-year residence requirement, rules on good character, and on the need to be free from immigration restrictions when applying. A Limited Company Registered in England No.6411962 VAT Number 921669707 • © Latitude Law 2008-2020 All Rights Reserved, We are solicitors practising law under the jurisdiction of England & Wales only. CSI is a legal CSI is a legal requirement for EEA and Swiss students, self-sufficient persons and their family members who are residing in the UK with them. The process of proving this can be tricky: published by the EU provides further details. For many of them, as well as their British relatives and friends, this was the first time they have ever heard about CSI. In direct contrast to the EUSS  application process, Europeans applying for British citizenship should therefore be prepared to prove they had CSI in place if they spent any of their qualifying period in the UK as a student or supporting themselves financially without being employed or self-employed. See here for more details. Without this you are not meeting the requirements of the Regulations. As we head towards the end of the UK’s Brexit implementation period on 31 December 2020, the thoughts of many EU nationals (here I use the term to include EEA & Swiss citizens too) who have lived, studied and worked in this country, often for many years, are turning to becoming British. For an initial discussion, please contact a member of the team today. Where someone has been granted ILR under the EUSS but has not been resident here in accordance with the EEA regulations (prior to grant of pre-settled status or settled status) due to a lack of comprehensive sickness insurance you should consider whether it is appropriate to exercise discretion in their favour. This combination of evidence was deemed acceptable by the Home Office, and the citizenship application was approved. This is where the comprehensive sickness insurance plays a part, as it is a requirement for those EU nationals who live in the UK without being economically active (that is employed or self-employed). Buoyed by receiving this approval, many resident EU citizens have started to contemplate taking the next step and applying for British citizenship. You may therefore need to request further information from the applicant to demonstrate this.”. I'm moving to the UK as a student, and have been informed (University guidelines as well as the internet) that I should obtain Comprehensive Sickness Insurance in order to be in line with UK policy. However, there is some hope for individuals who didn’t have such insurance. In applying for this status, most EU nationals are not specifically required to evidence their period of UK residency. In order to obtain settled status (akin to permanent residence) through this scheme, it is only necessary for EEA citizens to demonstrate they have been resident in the UK for five years. EU citizens living in the UK by 31 December 2020 are eligible to apply for settled status under the EU Settlement Scheme (EUSS), and have until 30 June 2021 to make an application. This will include people who previously applied for … The client initially came to the UK as a student in 2010 and lived here for five years. Having been awarded settled status, many EU nationals would logically assume their period of UK residence has already been deemed lawful by the Home Office. When the time comes to naturalise as a British citizen, many EU citizens are therefore required to evidence they resided in the UK as a ‘qualified person’. Comprehensive Sickness Insurance Explained. We have helped many European clients to successfully apply for naturalisation as a British citizen, and our dedicated advisors will work with you every step of the way to give you the best chance of success with your application. Most straightforwardly, an individual or their family member may have held private health cover, which must cover most – not necessarily all – risks. Due to her absences, she exceeded the number of absent days usually permitted by the Home Office. Two of these categories require EU Citizens to hold Comprehensive Sickness Insurance, namely a student or self-sufficient person. After this time, they have the right to continue residing in the UK as long as they are a ‘qualified person’ exercising Treaty Rights in the UK. Where applicants provide their National Insurance number, automated checks are run against HMRC and certain DWP records to establish their period of residence in the UK. In addition, if you are exercising your right to reside in the UK as a student or self-sufficient person, you are required to have comprehensive sickness insurance throughout your period of residence in the UK. For this reason, the client was keen to submit her citizenship application as soon as possible. Are short gaps without Comprehensive Sickness Insurance (CSI) acceptable for citizenship applications? In addition, as she spent some of her time in the UK as a student, she would need to demonstrate that she held CIS during this period. I am aware that if you are self-sufficient, aka not working, you must prove you have comprehensive sickness insurance. To become a British citizen, EU citizens who were students or self-sufficient will need to show that they had ‘comprehensive sickness insurance’ (for any qualifying periods before the grant of pre-settled or settled status). Most straightforwardly, an individual or their family member may have held private health cover, which must cover most – not necessarily all – risks. In order to meet the eligibility requirements for a citizenship application, the client would need to prove she was exercising a Treaty Right, or in other words, was lawfully resident in the UK for the five-year period leading up to her application. In 16 years living in the UK, Hedwig Hegtermans had never heard of comprehensive sickness insurance. The process of proving this can be tricky: this document published by the EU provides further details. As non-nationals in a non-EU country, this is a sensible approach. Since 2011, Comprehensive Sickness Insurance has been a requirement for all EU/EEA citizens who are studying or living self-sufficient lives in the UK. self-sufficient with comprehensive sickness insurance On account of the UK leaving the EU, the UK government introduced the EU Settlement Scheme (EUSS). What amounts to sufficient evidence isn’t clear – maybe showing you’ve established a strong family life here, with a partner or children, puts you in a stronger position. Working or self-employed in the UK; A student in possession of comprehensive sickness insurance (CSI) Self-sufficient in possession of CSI. I have a few concerns regarding the requirement for comprehensive sickness insurance. Simple dental cost plans won’t work – but it’s not necessary to have bought cover for pre-existing conditions. Since 20 June 2011, it has been necessary for these categories of EU citizen to have held Comprehensive Sickness Insurance while living in another member state. A student in possession of comprehensive sickness insurance (CSI). The UK is requiring all resident EU citizens to document themselves; something that has not been universally welcomed. For EU nationals in particular, applying for British citizenship can be a complex process. Simple dental cost plans won’t work – but it’s not necessary to have bought cover for pre-existing conditions. Comprehensive sickness insurance can be evidenced in three ways. In our view, the better approach is to disregard non-compliance for the 10 preceding years, and focus on the last 3 or 5, but there is no guarantee the Home Office’s caseworkers will do so. After submitting this evidence alongside the application and some persistence from Alastair to have the evidence accepted by the Home Office, an approval was granted three weeks later. For advice with any matters relating to immigration, speak to our team of experts today. The Home Office’s own internal policy guidance for consideration of naturalisation applications states that: “An EEA or Swiss citizen or their family members who have a 5 years’ continuous qualifying period of residence in the UK and Islands when they apply to the EU Settlement Scheme will be eligible for settled status. Guidance for family members of EEA national students required to hold comprehensive sickness insurance (CSI) in the UK. Alastair advised the client that she would be able to demonstrate lawful residence as the spouse of a person exercising Treaty Rights. During an initial consultation call, Alastair advised the client about the lawful residence requirement and what this would mean for her citizenship application. #CitizenshipStory – the Comprehensive Sickness Insurance (CSI) barrier Lara arrived in the UK as a young adult, went to school, worked and then graduated from university in the UK. their period of residency in the UK. You can find a full list of acceptable evidence in this document. It is a legal requirement for EU, EEA and Swiss citizens residing in the UK to have CSI in place if they are … If you have always worked and paid National Insurance contributions, then you do not need to read any further. The UK government haven’t been great at making migrants aware of what it is and why they need it. But in 2014, the Court of Appeal held that Comprehensive Sickness Insurance cover was indeed a requirement in the UK as well: This condition must be strictly complied with. We were also able to show that she had been employed in the UK and therefore met the test of being a Qualified Person up to the point that she obtained settled status. At the time the client was referred to SSW, she had held settled status in the UK for a year and so was eligible to apply for citizenship. The number of EU nationals applying for an EU Permanent Residence Card (PR Cards) has surged 36% since the referendum, from 10,269 in the three months prior to the EU referendum to 16,009 in the three months that followed. For immigration purposes, acceptable evidence of the CSI requirement would usually include private health insurance, provided the policy provides comprehensive cover for the majority of risks whilst in the UK or proof that the individual is protected by reciprocal arrangements with their home country. After this time, she spent a year studying overseas and returned to the UK in 2016 to start work. It is a legal requirement for EU, EEA and Swiss citizens residing in the UK to have CSI in place if they are students or economically self-sufficient. Confusingly, under the UK’s EU Settled Status (or Pre-Settled Status) Scheme the government has taken the decision to disregard this requirement. Having an EHIC satisfies this requirement if you are not intending to be in the UK permanently. Second, there’s the EHIC – issued by your own government, not the UK – which broadly provides cover for short-term residence only. There has been a fair amount of reports recently whereby European Union Citizens who reside in the UK and left for holidays and/or business purposes, have been stopped at the UK Border control when trying to re-enter the UK, due to the fact that do not have Comprehensive Sickness Insurance. On a UK Border Agency website I found that the following are not accepted: • The following is not acceptable as evidence of comprehensive sickness insurance: o a health cash-plan scheme will not be considered, as these policies do not cover medical treatment in the majority of circumstances; o reliance on the UK NHS (national health service); and Where someone has been granted ILR under the EUSS but has not been resident here in accordance with the EEA regulations (prior to grant of pre-settled status or settled status) due to a lack of comprehensive sickness insurance you should consider whether it is appropriate to, The guidance doesn’t really elaborate further: it continues in a rather circular way to explain that Home Office caseworkers should. The role of Comprehensive Sickness Insurance (CSI) CSI is a private health insurance policy that covers the holder in full when accessing medical treatment in the UK. You may not have heard of comprehensive sickness insurance before. 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