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. What might qualify as Comprehensive Sickness Insurance, then? 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. 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 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. An EEA national living in the UK is allowed to use the UK’s National Health Service. While many policies pay out as a monthly benefit, others pay out a lump sum – the aim of both types is to ensure your income remains consistent when you’re unable to work. 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. This website uses cookies to improve your experience while you navigate through the website. If applying for permanent residence documents, a EHIC issued by another member state (not the UK) can be used at that stage. Applicants must be able to show they have been in the UK lawfully during the qualifying residential period prior to settled or pre settled status being granted. 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 … Here we look at this requirement, ask whether it is really important in light of Brexit (spoiler: it might be to some people) and then examine the requirements in detail. It is mandatory to procure user consent prior to running these cookies on your website. So this is of little help. The Home Office has long argued that this does not count for the purposes of EU law as having Comprehensive Sickness Insurance, though. The government says it means “full health insurance”, which raises the question of what “full” is to mean. Outpatient treatment includes diagnostic tests, scans and consultations. 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. 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. 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. It may be prohibitively expensive or even impossible if you are older or already ill. 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. 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. Neither requires the comprehensive sickness insurance. 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). From 6 April 2015 the same rule has also been applied to the family members of EEA students. Comprehensive sickness insurance is essential if you plan to stay permanently in the UK. Your family cannot access free medical care (or use your policy provision) simply because … Shorter waiting times. 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. 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. Who Needs Comprehensive Sickness Insurance? Unless they have already acquired permanent residence through five historic continuous years of work or self employment (and be able to provide it), they will need to show they have Comprehensive Sickness Insurance to show that they have a current right of residence in the UK. Proof of comprehensive sickness insurance is not a requirement when making an application for settled status under the EU Settlement Scheme. It is an optional coverage designed to protect you against damage that is not defined as a collision with another car or object. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. Comprehensive sickness insurance can be evidenced in three ways. In the one case that has been decided in the higher courts on this point, the Home Office won its argument. Therefore the applicant’s intentions for the future are irrelevant. This means EU citizens settled in the UK may have to wait longer than anticipated to naturalise as British citizens. What if I’m self-employed? If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right of permanent residence, you have to meet certain requirements. 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. Pre-settled status will be granted to those who have been resident for less than five years, where a settled status application can be made having reached the necessary threshold. Re: Do I need a Comprehensive Sickness Insurance? So we know from Ahmad that access to the NHS does not count. 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. The S3 form will cover the cost of treatment; for example, for retired frontier workers continuing treatment in the member state they previously worked. One way forward is to purchase private health insurance from a private company. The UK began enforcing the requirement to hold Comprehensive Sickness Insurance from 20 June 2011. Follow at your own risk. In order to have a right of residence in the UK as a student you have to have comprehensive sickness insurance (CSI). Sickness insurance is a type of income protection that can help if you have to stop working because of illness or injury. Look over your application before you send. To apply for British citizenship, applicants must show they meet an extensive range of eligibility criteria. The Home Office says that Comprehensive Sickness Insurance will not be required in order to obtain these new types of UK status. The information and commentary does not, and is not intended to, amount to legal advice to any person. 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. You can accept an EEA national or their family member as having CSI if they hold any form of insurance that will cover the costs of the majority of medical treatment they may receive in the UK. 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. The British government and European Commission have reached a preliminary agreement on replacement rights in UK law, known as “temporary status” and “settled status”. In particular, EU citizens with settled status may, depending on their circumstances, have to show they held CSI during their period of UK residence to be eligible for British citizenship. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. 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 answer to this question is governed by the Immigration (European Economic Area) Regulations 2006, which was updated on this very point in 2015. This means EU nationals who have lived in the UK but during their qualifying period were without CSI while economically inactive will be deemed to have been in breach of the rules and therefore, ineligible for British citizenship. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Under the guidance, while CSI is not a requirement for the new settled status, the rules for acquiring citizenship have not changed. For an EEA citizen or family member who needs Comprehensive Sickness Insurance, therefore, they need to show something more than merely that they can use the NHS if or when they need it. How do I get that and how much would it cost? 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. Those who are studying or are self-sufficient do. Fees fixed for each stage of your application or appeal, Personal client web access page and messaging system, Online payments, document upload & video calls. You can read about those changes in European Operational Policy Notice 7/2011. See here for more details. You can achieve that by purchasing comprehensive private insurance. I’m getting an EHIC card however I read that students also need comprehensive sickness insurance, other articles say there’s no point in getting one. The CSI is also discriminatory. 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. For current holders of documentation confirming their permanent residence, this can be swapped for settled status under the scheme. 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. Each case will turn on its facts, but as this is a developing area and the guidance is recent, EU citizens are advised to take advice on their circumstances to ascertain eligibility and how their naturalisation application and evidence should be presented. Are short gaps without Comprehensive Sickness Insurance (CSI) acceptable for citizenship applications? It started infringement proceedings against the UK back in 2012 but nothing much seems to have happened with the case. 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. This will need to be “comprehensive”. 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. 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 a person wants to naturalise as British now he or she has to possess a permanent residence document to make the application, and getting the permanent residence document may for the self sufficient and students require showing past possession of Comprehensive Sickness Insurance. Do you need comprehensive sickness insurance to be able to claim child benefit? This is relatively cheap if you are young and healthy. They may therefore need to provide further information to evidence that they meet the requirement and were lawfully in the UK for the qualifying period of five years, or three years if married to or in a civil partnership with a British national. When the UK leaves the EU and assuming EU free movement laws come to an end, Danielle will have no EU law right of residence as an existing resident. Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website. You do not have right of residence in the UK unless you hold some form of the insurance. 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. It will be a question of fact whether this bar in an individual case has been met. 6183275 So even though a EHIC cannot be used to obtain a residence document without residence being temporary, once a person applies for permanent residence continuous EHIC cover will be adequate and intentions are no longer relevant. 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. 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. Before Brexit, that was not a problem as nobody was likely to try and remove her and she had a right of entry. For those applying for “settled status” – available to EU citizens living in the UK – the government has given assurances that they will not need to show that they have Comprehensive Sickness Insurance. For instance, do you need comprehensive coverage for your vehicle? I need to find some work to support myself, and to apply for the work permit, i need some kind of Comprehensive Sickness Insurance. This means that EU nationals who moved to the UK as students or partners of British citizens and were able to support themselves financially, would have to have had comprehensive sickness insurance during that time. From EU Settled Status to Naturalising as a British Citizen: The problem of Comprehensive Sickness Insurance. For example, they may be married to a British citizen and not currently be working or self employed. This is not immigration advice. This website uses cookies to improve your experience. Is it really that expensive? Immigration law changes very rapidly, though. You can see our detailed information on making a settled status application here. Leave to Remain in the UK (Apply to Settle). You must take a proportionate approach when you consider if an insurance policy is comprehensive. Understanding how comprehensive coverage differs from other forms of insurance can help answer that question. 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. Use your own smartphone, pc/mac or tablet. It has been revised and updated so that it is correct at the new date of publication. Who needs Comprehensive Sickness Insurance to enter or stay in the UK? If you have more information, please get in touch with me or leave a comment. You can find more information about applying for a EHIC here. Despite much-needed government guidance being published on the role of CSI in citizenship applications, this remains a complex area. The Home Office view was upheld by the Court of Appeal in the case of Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988: I would dismiss this appeal. It is common ground that if there were reciprocal arrangements with the EEA national’s own state that would be sufficient to constitute comprehensive insurance cover. This condition must be strictly complied with. Otherwise, any of those years will … That price seems crazy to me. This is an extract from the HomeOffce website, click here. The Commission confirmed in September 2017 that the case is ongoing, although would not say much about what, if anything, was going to happen and when. 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. Guidance for family members of EEA national students required to hold comprehensive sickness insurance (CSI) in the UK. 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. Settled status was introduced as a replacement for EU ‘permanent residency’. cover you (and your family members if applicable) for the majority of risks while you are in the UK. Brandon Lewis, then the immigration minister, said on 12 December that “we are removing the need to demonstrate Comprehensive Sickness Insurance… to secure settled status”. 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. The closest there is to a formal Home Office policy is in the formal guidance document for Home Office staff European Economic Area nationals: qualified persons. You do not need a statement of intent with these applications as at the permanent residence stage you are deciding if the applicant has already acquired a right of permanent residence in the UK. You can find a full list of acceptable evidence in this document. Comprehensive Sickness Insurance (CSI) is any form of insurance that will cover the costs of medical treatment. The couple lost their appeal to the First-tier Tribunal on the basis that they might have a pre-existing health condition, even though there was no evidence that they actually did (Tzur IA/10402/2015). The European Economic Area (EEA) regulation of 2006 requires that EEA students have a Comprehensive Sickness Insurance (CSI). 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. 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. Moreover, private insurers do not cover all treatments even under the ‘comprehensive’ sickness insurance, often delegating the treatment of chronic conditions to the NHS. You also have the option to opt-out of these cookies. Comprehensive Sickness Insurance and Brexit, Needing to show Comprehensive Sickness Insurance despite Brexit. Instead, those living in the UK by 31 December 2020 will need to apply for immigration status under the EU Settlement Scheme. Haven’t found proper information about it anywhere 0. reply. But opting out of some of these cookies may have an effect on your browsing experience. Post by tmonaghan » Sat Mar 11, 2017 1:35 pm This might not answer your question but you have to understand that when taking on a CSI it is generally for a 12-month contract that is usually renewed automatically until you placed an end to the agreement. Limited transitional arrangements were made for students who had been issued with a registration certificate as a student before that date. The permanent residence card was a mandatory  prerequisite to British citizenship for EU citizens. Most straightforwardly, an individual or their family member may have held private health cover, which must cover most – not necessarily all – risks. For advice on evidencing CSI, eligibility for British citizenship and making a naturalisation application, contact us. Why do I need comprehensive sickness insurance? 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 Guide to Supporting Documents on the EEA (QP) form is a helpful place to start because it sets out the Home Office view (which is not necessarily the right view always). These are specifically mentioned by the Home Office in the guidance notes. Regulated by the Solicitors Regulation Authority No. The older the blog post on this site, the more likely it is that there have been legal developments since it was published. What counts as Comprehensive Sickness Insurance? 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. Types of insurance products that will not be accepted by the UK Home Office as proof of insurance include travel insurance policies or cashback health schemes, such as dental, optical or prescription charges. 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. 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. 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. This means that all documentation issued under EU law to EEA and Swiss citizens, and their family members, such as permanent residence cards, will cease to be valid. Most drivers know they need insurance, but it's sometimes difficult to know what kind of insurance coverage you need. The declaration is not legally binding in any way, though, and it is questionable whether the Home Office view on this is correct. 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. DavidsonMorris are UK immigration and nationality specialists. my question is regarding (Comprehensive sickness insurance cover) what it is ? The Home Office says that Comprehensive Sickness Insurance will not be required in order to obtain these new types of UK status. In this article, we look at the rules on CSI for EU citizens applying to naturalise. In light of Brexit, it now seems unlikely that the investigation will go anywhere. 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. 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 court also held that the Home Office was under no obligation to find out what the position was; that was up to Mrs Ahmad as it was her case to prove. Compliance with the EEA regulations is only relevant to residence prior to the grant of immigration status under the new scheme. Also, note that your family members must be able to show that they have a valid comprehensive sickness insurance policy, or you need to make sure you have provision which provides adequate cover for all family members. This instructs officials: You can accept an EEA national or their family member as having CSI if they hold any form of insurance that will cover the costs of the majority of medical treatment they may receive in the UK. These cookies will be stored in your browser only with your consent. The family members of self sufficient persons and students also need Comprehensive Sickness Insurance to qualify for their own right of residence. EU citizens are in many circumstances required or strongly encouraged to register with a GP, including when enrolling at a university. Experienced lawyers check for mistakes & issues. There are three potential ways to meet the requirement. 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).

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