However, once granted pre-settled or settled status, EU, EEA and Swiss nationals “will not need to demonstrate that they were exercising a treaty right”, that, is, CSI is not required for this period. Otherwise, any of those years will … This will need to be “comprehensive”. Comprehensive Sickness Insurance (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. being a family member of and EU/EEA national do I still need to pay for this Insurance? Comprehensive Sickness Insurance (CSI) is required in order to show you have a right of right of residence in the UK as a … The EHIC exists because of multilateral and reciprocal agreements between EU countries which mean that the cost of medical care in the host state can be recovered from the state of origin so long as that person is entitled to healthcare in that state. The purpose of the rules is that self-sufficient persons and students should not become unreasonable burdens on state resources – or, as the Supreme Court put it in the recent case of Mirga v Secretary of State for Work and Pensions [2016] UKSC 1, “economically inactive Union citizens using the host member state’s welfare system to fund their means of subsistence”. Settled status, or indefinite leave to remain, will be granted to those who have been resident in the UK for at least five continuous years. By the time you build up five years of residence with Comprehensive Sickness Insurance cover, the UK is set to have left the EU and it will no longer be possible to get permanent residence. 542691 Instead, most people who think Comprehensive Sickness Insurance is an issue for them would be better off waiting and applying for “settled status”. In order to have a right of residence in the UK as a student you have to have comprehensive sickness insurance (CSI). 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. You will need comprehensive sickness insurance if you are: An EU student and you are currently living and studying in the UK An EU citizen classified as ‘self sufficient’ – where your income is not reliant on employment (or self employment) To be defined as self sufficient you must have access to savings, or receive a source of income from a source such as a rental property. If an EEA national enters the UK and is not involved in an economically active activity, for example because she is a student, her residence and that of her family members will not be lawful unless she has CSIC [Comprehensive Sickness Insurance Cover] while she is a student in the five years following her arrival. The fact that she would be entitled to treatment under the NHS, and was thus at all times in substantially the same position as she would have been had she had CSIC, is nothing to the point. 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. She has never worked in the UK because Edgar has a full time job and his income is more than sufficient for them both to live on. If you do not currently have comprehensive sickness insurance and need it, or you would have previously needed it but did not have it, you can: Wait and see what happens with the UK’s negotiations regarding Brexit; Become a worker or self employed person. 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. The declaration is not legally binding in any way, though, and it is questionable whether the Home Office view on this is correct. The Home Office said on 26 January 2018 that: we will not require students and self-sufficient people living here to prove that they have held comprehensive sickness insurance when they apply for settled status in the UK. The Comprehensive Sickness Insurance requirement may therefore not matter much to some people in the long run. The permanent residence card was a mandatory  prerequisite to British citizenship for EU citizens. Comprehensive sickness insurance is essential if you plan to stay permanently in the UK. I am Non -EEA national going to apply for EEA FM RC in coming month. There are three potential ways to meet the requirement. Leave to Remain in the UK (Apply to Settle). How do I get that and how much would it cost? 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. In the UK, uniquely, we have the National Health Service instead, which is not insurance based but instead simply provides free health care at the point of need. The EU rules on the need for Comprehensive Sickness Insurance for self-sufficient people and students were not really written with the UK’s unusual situation in mind. Your family cannot access free medical care (or use your policy provision) simply because … However, she would need to show that she has Comprehensive Sickness Insurance. 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. 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. EU applicants still have to prove they have been “lawfully resident” in the UK for 5 years under EU regulations. Comprehensive auto insurance is not required. What counts as Comprehensive Sickness Insurance? Proof of Comprehensive Sickness Insurance (CSI) is one such requirement for some, but not all, UK naturalisation applicants. Those who did not have CSI while economically inactive may therefore have been in breach of immigration law and ineligible to apply for British citizenship. That price seems crazy to me. If the applicant submits an EHIC which does not cover the whole of the period relied upon, or does not feature a valid from date, they must also submit evidence from the issuing authority confirming that they held a valid EHIC card for the period relied upon. This website uses cookies to improve your experience while you navigate through the website. The Home Office guidance provides: “The grant of settled status (also known as indefinite leave to enter or remain) will not confirm that they were here lawfully under the EEA Regulations during that time, as defined by the British Nationality Act 1981 as this is not a requirement of the EU Settlement Scheme.”. For further information on the changes, please see this guidance note on the changes. cover you (and your family members if applicable) for the majority of risks while you are in the UK. You may also be concerned that the Home Office will renege on its promise altogether, which would be allowed under the terms of the deal struck with the EU. Buy comprehensive health insurance now and start building up a right of residence. It is an optional coverage designed to protect you against damage that is not defined as a collision with another car or object. You can achieve that by becoming a worker or self-employed. The UK government has this week announced that future EU nationals will no longer need to demonstrate comprehensive sickness insurance when applying to stay in the UK long term. See here for more details. This means that if you are prepared to wait before applying for citizenship, it should be possible to rely on the period of residence since being granted pre-settled or settled status without supporting evidence. It started infringement proceedings against the UK back in 2012 but nothing much seems to have happened with the case. She is married to Edgar, a British citizen, and has lived in the UK married to Edgar since 1982. Sorry, the details you entered weren't correct, please try again, Updates, commentary, training and advice on immigration and asylum law, EU Settlement Scheme course now available FREE to members. Compliance with the EEA regulations is only relevant to residence prior to the grant of immigration status under the new scheme. What if I’m self-employed? One way forward is to purchase private health insurance from a private company. But opting out of some of these cookies may have an effect on your browsing experience. Both lawyers and non-lawyers have found the level at which sickness insurance becomes “comprehensive” to be something of a mystery. In one case a couple were refused residence documents by the Home Office because their health insurance policy did not cover existing health conditions. Shorter waiting times. Comprehensive Sickness Insurance and Brexit, Needing to show Comprehensive Sickness Insurance despite Brexit. Regulated by the Solicitors Regulation Authority No. 1. Are short gaps without Comprehensive Sickness Insurance (CSI) acceptable for citizenship applications? 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. However, there is no evidence that Mrs Ahmad, who has been in the UK since 2006 and who is therefore no longer habitually resident in Denmark, is still entitled to healthcare in Denmark. For further information on the changes, see this guidance note. It would be far preferable for EU law to be properly respected by the UK — for access to the NHS to be treated as Comprehensive Sickness Insurance — and for full free movement rights of existing EU residents to be preserved along with continued access to the Court of Justice of the European Union when Brexit occurs. This is relatively cheap if you are young and healthy. For some people — chiefly those not working or self-employed — one of those requirements is to hold Comprehensive Sickness Insurance. Immigration law changes very rapidly, though. The naturalisation application form asks for information to confirm the applicant was lawfully in the UK for the relevant three or five-year qualifying period. On the 1 January 2021, following the end of the post-Brexit transitional period, a new immigration system will come into force in the UK. Buy comprehensive private health insurance, 3. This is a method that can be used in particular by citizens of Bulgaria, Romania and the Netherlands if they were issued certain documents giving them the right to receive healthcare in the UK at the expense of their home country. No policy does, of course. Most straightforwardly, an individual or their family member may have held private health cover, which must cover most – not necessarily all – risks. If your stay is to be permanent, or you are unable to get an EHIC card from your country of residence, you will need to obtain separate … If you have more information, please get in touch with me or leave a comment. DavidsonMorris are UK immigration and nationality specialists. For example, a policy may contain certain exemptions but if the policy covers the applicant for medical treatment in the majority of circumstances you can accept it. The specific facts of the application will determine decision-making as caseworkers have been afforded considerable discretion when deciding naturalisation applications where EU citizen applicants are not able to show the required CSI cover. This does not help us very much: decisions will be made on a case by case basis with no further guidance from the Home Office. Some people told me it's 300 pounds. 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. In light of Brexit, it now seems unlikely that the investigation will go anywhere. Currently, if you are a student or self-sufficient person from the EU in the UK then you should have comprehensive sickness insurance. For instance, in the case of Baumbast a lack of cover for emergency treatment given in the UK meant that his health insurance was not comprehensive. You can find a full list of acceptable evidence in this document. In this article, we look at the rules on CSI for EU citizens applying to naturalise. You can achieve that by purchasing comprehensive private insurance. There are two issues here. EU law gives a right of entry to the UK to any EEA citizen. Get the DM Business Newsletter & Invitations to our Events. These are specifically mentioned by the Home Office in the guidance notes. For example, they may be married to a British citizen and not currently be working or self employed. Making sure your health insurance is comprehensive A true comprehensive health insurance policy will not only provide cover for inpatient treatment in full; it will also cover any outpatient treatment in full. Who needs Comprehensive Sickness Insurance? The information and commentary does not, and is not intended to, amount to legal advice to any person. 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. Despite much-needed government guidance being published on the role of CSI in citizenship applications, this remains a complex area. Students and self-sufficient people living here can still be granted settled status even if they have never held this. One is that, as the European Commission emphasises, this is not a legal requirement of its deal with the UK. In these circumstances, applicants only need to provide evidence to show they had an EHIC (or an E111) for the whole of their five years’ continuous residence. The European Economic Area (EEA) regulation of 2006 requires that EEA students have a Comprehensive Sickness Insurance (CSI). Under government guidance issued in May 2020, however, holding settled status may not be sufficient in itself to prove an individual has been “legally resident” for the qualifying period. The S3 form will cover the cost of treatment; for example, for retired frontier workers continuing treatment in the member state they previously worked. You can read about those changes in European Operational Policy Notice 7/2011. The answer to this question is governed by the Immigration (European Economic Area) Regulations 2006, which was updated on this very point in 2015. We try to make sure information is accurate at the date it is published. 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). Moreover, private insurers do not cover all treatments even under the ‘comprehensive’ sickness insurance, often delegating the treatment of chronic conditions to the NHS. Who Needs Comprehensive Sickness Insurance? Importantly, access to the UK’s National Health Service (NHS) does not count as comprehensive sickness insurance or meet any requirement under the immigration rules for an applicant to show they have or had CSI during any relevant period. There are no decided cases about the issue so it is not possible to say for sure in what circumstances a EHIC will count. The S1 form replaced the E109 and E121 forms. This website uses cookies to improve your experience. 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