Rather unfortunately, though, there was no evidence put to the court that this was so in her case: The appellant seeks to rely on the fact (as he contends) that Mrs Ahmad would have a right to obtain healthcare here and the Secretary of State could recover the costs in Denmark. Therefore the applicant’s intentions for the future are irrelevant. The information and commentary on this website is provided free of charge for information purposes only. For more information about the forms, click here. Buy comprehensive health insurance now and start building up a right of residence. Get unlimited access to articles, a thriving forum, free e-books, online training materials with downloadable training certificates, and much more. The government says it means “full health insurance”, which raises the question of what “full” is to mean. You must take a proportionate approach when you consider if an insurance policy is comprehensive. Under the EU rules, UK permanent residence required EU or Swiss nationals to evidence a period of 5 continuous years’ residence in the UK “exercising their Treaty Rights”; typically this meant either being employed or self-employed. However, only certain EEA citizens qualify for a right of residence, which brings with it the right to be accompanied by family members, the right to claim certain benefits, protection from removal from the UK and the right to acquire permanent residence after five years of a qualifying activity. What might qualify as Comprehensive Sickness Insurance, then? The CSI is also discriminatory. EU applicants still have to prove they have been “lawfully resident” in the UK for 5 years under EU regulations. If you do not already have Comprehensive Sickness Insurance, there seems little point in getting it now if what you want is permanent residence under EU law. An applicant will be granted either settled or pre-settled status under the scheme. Regulated by the Solicitors Regulation Authority No. There are LOTS of self-sufficient EEA nationals currently living in the UK. The British government and European Commission have reached a preliminary agreement on replacement rights in UK law, known as “temporary status” and “settled status”. Are short gaps without Comprehensive Sickness Insurance (CSI) acceptable for citizenship applications? From EU Settled Status to Naturalising as a British Citizen: The problem of Comprehensive Sickness Insurance. Published 2 June 2015 From: UK Visas and Immigration. No policy does, of course. The Home Office has long argued that this does not count for the purposes of EU law as having Comprehensive Sickness Insurance, though. If a person wants to show he or she has permanent residence now and has been self sufficient or a student, he or she may need to prove past possession of Comprehensive Sickness Insurance. Guidance for family members of EEA national students required to hold comprehensive sickness insurance (CSI) in the UK. The permanent residence card was a mandatory  prerequisite to British citizenship for EU citizens. What counts as Comprehensive Sickness Insurance? This means EU citizens settled in the UK may have to wait longer than anticipated to naturalise as British citizens. In circumstances where you have not had appropriate insurance in place, you will, for example, need to provide evidence to justify any discretion being exercised in your favour, not least by way of a satisfactory explanation as to why you were in breach of the regulations in the first place. Haven’t found proper information about it anywhere 0. reply. For example, they may be married to a British citizen and not currently be working or self employed. There are some circumstances where you might want to apply for EU law permanent residence now (in order to apply for naturalisation as a British citizen as soon as possible, for example) which is why we have left this blog post in place. If applying for permanent residence documents, a EHIC issued by another member state (not the UK) can be used at that stage. If an individual was, during this period, economically inactive – eg studying, job seeking – they were required to prove they were self-sufficient and covered by CSI for the relevant period to attain permanent residence. This website uses cookies to improve your experience while you navigate through the website. Home Office policy document European Economic Area nationals: qualified persons instructs officials: Applications for a document certifying permanent residence or a permanent residence card – EHIC or E111 is provided. The European Commission considers this a breach of EU law. Note however that because Mr Baumbast and his family had never relied on state resources, the slight shortfall in his health insurance could not undermine his right to reside, as this would be disproportionate in the context of Mr Baumbast’s and his family’s individual circumstances. In Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988, the leading Court of Appeal case on the issue, it was common ground that if Mrs Ahmad could prove that there were reciprocal arrangements between the UK and Denmark enabling the UK to reclaim from Denmark the costs of providing Mrs Ahmad with care in the UK then she would be considered to have Comprehensive Sickness Insurance. Comprehensive Sickness Insurance and Brexit, Needing to show Comprehensive Sickness Insurance despite Brexit. Prove you are protected by reciprocal arrangements with your home country, European Operational Policy Notice 7/2011, European Economic Area nationals: qualified persons. Studying and possessing comprehensive sickness insurance As can be seen, those who are working and the self-employed do not need to possess comprehensive sickness insurance to be regarded as lawfully exercising their Treaty rights under EU law. For further information on the changes, please see this guidance note on the changes. There are still some people who may find it important to have Comprehensive Sickness Insurance in the short term, before Brexit: This is not an easy question to answer. Despite much-needed government guidance being published on the role of CSI in citizenship applications, this remains a complex area. Some people told me it's 300 pounds. In case you do not know what this is about: A Guide To Comprehensive Sickness Insurance For EU Citizens Legal disclaimer: I am not a lawyer. What if I’m self-employed? She will have to apply for the new “settled status” and rely on the UK government’s promise to waive the requirement for Comprehensive Sickness Insurance. Instead, most people who think Comprehensive Sickness Insurance is an issue for them would be better off waiting and applying for “settled status”. Once the UK leaves the EU and its system of laws, the EU law rights of residence or permanent residence will no longer exist in the UK. This website uses cookies to improve your experience. This means that those people who under EU law should at the moment have Comprehensive Sickness Insurance in order to have an EU law right of residence will still be eligible for settled status in the UK. Having a right of residence that does not require Comprehensive Sickness Insurance at the point when you apply for settled or temporary status. If you have more information, please get in touch with me or leave a comment. In this article, we look at the rules on CSI for EU citizens applying to naturalise. Understanding how comprehensive coverage differs from other forms of insurance can help answer that question. 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). Having Comprehensive Sickness Insurance at the point when you apply for settled or temporary status. The information and commentary does not, and is not intended to, amount to legal advice to any person. Fees fixed for each stage of your application or appeal, Personal client web access page and messaging system, Online payments, document upload & video calls. Otherwise, any of those years will … In order to have a right of residence in the UK as a student you have to have comprehensive sickness insurance (CSI). While many will be relieved, it remains unclear when the government plans to introduce this comprehensive sickness insurance change and who it will affect. The UK’s implementation of EU law has always required the family members of self sufficient EEA citizens to have Comprehensive Sickness Insurance as well as the EEA citizen in order for them to have a right of residence. In the one case that has been decided in the higher courts on this point, the Home Office won its argument. The clinic has published letters about the legal effect of such documents that can be included in an application for permanent residence. Confusingly, EEA citizens and their family members are allowed to use the NHS in the UK, but according to the Home Office the NHS does not count as Comprehensive Sickness Insurance. Simple dental cost plans won't work – … Her failure to take out CSIC put the host state at risk of having to pay for healthcare at a time when the Ahmads had not then achieved the status of permanent resident and she was not economically active. We also use third-party cookies that help us analyze and understand how you use this website. The Home Office recognises that many EU citizens with settled status may not have had CSI when required, and as such has granted caseworkers discretion to assess and decide naturalisation applications. By submitting, you agree to our Privacy Policy. For example, a comprehensive medical insurance policy means you can benefit from: A wider choice of tests and treatments, some of which aren’t available on the NHS. This means providing evidence that they have been living in the UK lawfully throughout the relevant period by having been economically active during this qualifying period, or having CSI for periods of inactivity. Instead, those living in the UK by 31 December 2020 will need to apply for immigration status under the EU Settlement Scheme. 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