Before Brexit, when the UK was still a member of the EU, EU citizens were able to live, work and study in the UK under the EU’s laws which enabled the free movement of people between member states.
While is often forgotten now, free movement was never an unqualified right. To control and prevent abuse of the system, an EU citizen’s ongoing right to reside in another member state was contingent on a number of factors, for example securing employment, self-employment or having sufficient means to support themselves and any family members.
Another example is the requirement for some EU citizens to have held Comprehensive Sickness Insurance (CSI). CSI is a type of health insurance that EU citizens who were not economically active (i.e., students and self-sufficient persons and their family members) were legally required to hold while living in the UK.
While it is no longer a requirement, many EU nationals fear that not having held CSI when they had been required to under the pre-Brexit rules may have a negative impact on any future citizenship application.
CSI had been a rather unfamiliar requirement for many EU nationals. It was poorly publicised and many students have reported that they were never told to get CSI, and that not having CSI never impacted on their access to health care in the UK. Additionally, the failure to have had CSI does not prevent an EU citizen from qualifying for pre-settled or settled status under the EU Settlement Scheme (EUSS). However, CSI continues to be a barrier for EU nationals with respect to applications for British citizenship.
Under its current policy, the Home Office views the failure to have held CSI as a relevant factor when analysing a person’s lawful residence and good character. This means that not having CSI in the past, has the potential to negatively impact the outcome of a citizenship application in the future. Any application for citizenship in these circumstances would be discretionary, and would need to be accompanied by sufficiently compelling reasons why the Home Office should exercise discretion in the applicant’s favour.
The3million, which lobbies on behalf of EU citizens living in the UK, has proposed legislative amendments to the British Nationality Act 1981 to address this issue. For example, one suggested amendment is for any historical requirement to hold CSI to be deemed met by having had access to the NHS in practice. You can read more about the The3million’s legislative proposals here.
How Gherson can assist
If you are an EU citizen ready to apply for British citizenship and are worried about not having held CSI, please do not hesitate to contact us.
Gherson has extensive experience in all aspects of UK immigration law. If you have any queries relating to the blogs published, or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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