The Home Office says that it will not enforce the requirement for Comprehensive Sickness Insurance for those applications. This condition must be strictly complied with. An applicant will be granted either settled or pre-settled status under the scheme. 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. Necessary cookies are absolutely essential for the website to function properly. The European Commission considers this a breach of EU law. See here for more details. To apply for British citizenship, applicants must show they meet an extensive range of eligibility criteria. Those who are studying or are self-sufficient do. From 6 April 2015 the same rule has also been applied to the family members of EEA students. This suggests that there may be gaps in cover allowed; after all, it does not say “all risks”. 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. Experienced lawyers check for mistakes & issues. 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. These cookies do not store any personal information. Paul Erdunast and CJ McKinney contributed. EU citizens who cannot evidence self-sufficiency and CSI cover while economically inactive during the qualifying period may need to wait until they have attained the 5 years with pre or settled status to apply to naturalise. Who needs Comprehensive Sickness Insurance to enter or stay in the UK? One thing you may not be aware of, but which is absolutely essential, is Comprehensive sickness insurance requirements for EEA nationals. If applying for permanent residence documents, a EHIC issued by another member state (not the UK) can be used at that stage. Under EU laws, EEA nationals must have a comprehensive sickness insurance covering the costs of most of the medical treatment they may need whilst in the UK. You can achieve that by becoming a worker or self-employed. This regulation was then revised on the 6th of April 2015. 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. What counts as Comprehensive Sickness Insurance? 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. 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. Proof of comprehensive sickness insurance is not a requirement when making an application for settled status under the EU Settlement Scheme. The following are some events in which your car will be covered if you have comprehensive car 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. 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. One way forward is to purchase private health insurance from a private company. 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. Before Brexit, that was not a problem as nobody was likely to try and remove her and she had a right of entry. 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. Prove you are protected by reciprocal arrangements with your home country, European Operational Policy Notice 7/2011, European Economic Area nationals: qualified persons. For example, they may be married to a British citizen and not currently be working or self employed. 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. This category only includes cookies that ensures basic functionalities and security features of the website. Moreover, private insurers do not cover all treatments even under the ‘comprehensive’ sickness insurance, often delegating the treatment of chronic conditions to the NHS. The worst case scenario can be guarded against by: Neither are particularly easy options, obviously. 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. Following two changes to nationality policy, the first in May 2020 and the second in September 2020, EEA nationals who want to become British citizens now need to answer the questions: how do I show I have Comprehensive Sickness Insurance (CSI)?. 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. The UK began enforcing the requirement to hold Comprehensive Sickness Insurance from 20 June 2011. The S3 form will cover the cost of treatment; for example, for retired frontier workers continuing treatment in the member state they previously worked. For more information about the forms, click here. There are three potential ways to meet the requirement. 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. 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. 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. You must take a proportionate approach when you consider if an insurance policy is comprehensive. These cookies will be stored in your browser only with your consent. See further below. 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. Once obtained the form needs to be translated into English and sent to the following address: This information is accurate to the best of my knowledge but it is also untested, in that I have not myself seen a successful application for a student or self employed person based on this method. my question is regarding (Comprehensive sickness insurance cover) what it is ? Haven’t found proper information about it anywhere 0. reply. Under the guidance, while CSI is not a requirement for the new settled status, the rules for acquiring citizenship have not changed. For further information on the changes, see this guidance note. 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 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 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 you want to apply for settled or pre-settled status under the EU Settlement Scheme you do not need Comprehensive Sickness Insurance. 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. Comprehensive sickness insurance can be evidenced in three ways. 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. being a family member of and EU/EEA national do I still need to pay for this Insurance? Danielle is a French citizen. It has been revised and updated so that it is correct at the new date of publication. This means EU citizens settled in the UK may have to wait longer than anticipated to naturalise as British citizens. Understanding how comprehensive coverage differs from other forms of insurance can help answer that question. Proof of Comprehensive Sickness Insurance (CSI) is one such requirement for some, but not all, UK naturalisation applicants. It is an optional coverage designed to protect you against damage that is not defined as a collision with another car or object. Regulated by the Solicitors Regulation Authority No. 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. Why do I need comprehensive sickness 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. 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. However, she would need to show that she has Comprehensive Sickness Insurance. 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. 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. Having a right of residence that does not require Comprehensive Sickness Insurance at the point when you apply for settled or temporary status. Despite much-needed government guidance being published on the role of CSI in citizenship applications, this remains a complex area. You also have the option to opt-out of these cookies. 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. Therefore the applicant’s intentions for the future are irrelevant. Currently, if you are a student or self-sufficient person from the EU in the UK then you should have comprehensive sickness insurance. What if I’m self-employed? Instead, those living in the UK by 31 December 2020 will need to apply for immigration status under the EU Settlement Scheme. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. There are two issues here. The Home Office has long argued that this does not count for the purposes of EU law as having Comprehensive Sickness Insurance, though. Re: Do I need a Comprehensive Sickness Insurance? The main categories of EEA citizen who qualify for a right of residence are: As you can see, two of these categories require the EU citizen to hold Comprehensive Sickness Insurance. 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. 1. You can achieve that by purchasing comprehensive private insurance. Both lawyers and non-lawyers have found the level at which sickness insurance becomes “comprehensive” to be something of a mystery. We try to make sure information is accurate at the date it is published. Look over your application before you send. So we know from Ahmad that access to the NHS does not count. 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. EU law gives a right of entry to the UK to any EEA citizen. 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. 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”. Save time & money on spotting issues early. 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. Comprehensive sickness insurance is essential if you plan to stay permanently in the UK. 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. The CSI is also discriminatory. 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