Tag Archives: insurance

EEA PR & Comprehensive Sickness Insurance

March 2017
EEA PR – the Comprehensive Sickness Insurance Requirement – the Retrospective Effect!

With the Article 50 due to be trigger before the end of the month, many EEA nationals will be keen to file for a document proving their right to reside in the UK permanently as soon as possible.

The longstanding myth that permanent residence is acquired automatically by residing in the UK for a period of 5 years has rendered many EEA nationals oblivious to the true nature of their immigration status.

For many, the requirements to be met, the amount of documentation and information to be submitted in support of their EEA PR application, has come as a complete surprise.

With the Brexit in sight, they are now facing qualifying requirements that they have never been aware of, which are being applied to them retrospectively.

The most controversial of these requirements by far is the need to have held ‘comprehensive sickness insurance’ (CSI) when relying on periods of self-sufficiency or study.

As EEA nationals residing in the UK have access to NHS care, many will be under the impression that this access amounts to having CSI. Unfortunately this is not the case at present.

Realising that access to the NHS will not suffice, applicants will hope to be able to rely on a European Health Insurance Card (EHIC) issued by another state member as an alternative to the CSI. The Home Office policy document appears to suggest that in certain circumstances an EHIC (or E111) card would be acceptable as an alternative to having a private CSI when used to obtain a permanent residence document.

The CSI requirement is likely to impact most of the people who have spent all or part of their qualifying time in the UK in a self-sufficient capacity either studying or simply being inactive.

Many scenarios come to mind when considering the devastating effects the lack of CSI could have on applicants and their families.

These include EEA elderly parents who came to the UK to be near their EEA children. Most of them will not have ever worked in the UK and will not have been dependent on their children. Without CSI, the time spent in the UK is unlikely to count toward their permanent residence’s qualifying period. There will also be EEA nationals who took time off work to have a family or care for a loved one or to go on a retreat.
Unfortunately under the current rules, in most cases, the lack of CSI will prove to be an insurmountable obstacle.

Those who do not currently have comprehensive sickness insurance have the following options:

– purchase a Comprehensive Sickness Insurance now so that to start the clock again towards the 5 year qualifying period. This, of course, depending on the outcome of the Brexit negotiations, could turn out to be a complete waste of money;
– become a self-employed person or a worker, again resetting the clock towards permanent residence ;
-stand your ground and wait to see what the Brexit negotations bring. This is by far the bravest option. Although it is likely that something will be put in place to protect EEA nationals who have resided in the UK without having the right of residence either temporarily or permanently, there is no guarantee that this will be the case.

If you need Immigration legal assistance with your EEA PR application, please do not hesitate to contact us.

Non-EEA national posted workers in the UK

WORKING IN THE UK WITHOUT A WORK PERMIT

The Van der Elst case established that, as long as certain requirements were met, non-EEA nationals working for an EU employer in the EU should be allowed to provide services in another EU Member State without the need to obtain a work authorisation.  Accordingly an established non-EEA employee of an EU company in the EU can come to the UK to provide a service on behalf of the company without a UK work permit.

Entry clearance (i.e. a visa) is compulsory for both visa and non-visa nationals.

The requirements to be met by the non-EEA employee are that they:

• are lawfully resident in the EU Member State in which the employer is established;

• are lawfully and habitually employed by an employer who is temporarily providing a service in the UK;

• do not intend to take any other employment;

• intend to leave the UK at the end of the period during which his employer is providing the service. Successful UK Van der Elst visa applicants will be issued with a code 4 endorsement: D: FOR EMPLOYMENT WITH [add NAME OF COMPANY].

Visas should be issued for the length of the contract with their EU employer. Although applications from family members are treated in the same way as EEA family permit, family members are issued with code 1 dependant visas endorsed with D: TO JOIN/ACC [NAME OF VAN DER ELST EMPLOYEE].

For more information contact us.