We want to apply for our residence cards ASAP (hence going ahead with the private CSI now). But am I correct in understanding that we actually have 3 months from the date we arrived in country before she has to have CSI? Have I got the benchmark minimum income above which CSI is not required for her correct? Thanks.
Hi Nan
This is my understanding.
CSI not required during that 3 months (unless you become a self sufficient qualified person during that time) but you both pay for any NHS treatment as you are both visiting the UK; you haven't become a qualified person yet.
If you had both lived in another EEA country and then moved to the UK, you would have had EHICs from that country to use during this 3 months allowed and they would have paid for any NHS usage, subject to the restrictions on that EHIC from that country. An EHIC from another EEA country, gives limited health cover in another member state (EEA country) for that holder, if they are in another member state temporarily, which they are if they haven't become a qualified person during that 3 months they are allowed in another member state.
You can be a qualified person at any time during those three months and must be one by 3 months to legally reside in the UK. If you wanted to apply for your RCs now, you could apply for your RCs as a self sufficient QP. The RCs seem to be taking about 6 months to issue due to the massive rush since the UK's leave vote, and I
think that if your circumstances change during that time you are waiting for an RC, then you will need to inform UKVI. I know that those who have changed jobs and not informed UKVI, have said they had their RC/s refused as UKVI checked to see if they were working where they said they were.
Plus from 2013, the UK now has the Real Time system for HMRC and UKVI has access to other departments records, including HMRC. Real Time has caught out a lot of abuse, i.e. welfare, those on visas or EEA routes, illegal working, tax evaders etc
The RC will be issued for 5 years, even though there won't be 5 years before Brexit, as that is what the EU requires and until Brexit, the UK follows EU laws. But remember , an RC is not like a UK visa as the end date means nothing: if you (the EEA citizen) stop being a qualified person at any time, then your RC and that of your family members, become invalid and you both then have no right to reside in the UK.
Just be careful if you aren't working fulltime, that you keep the MET (minimum earnings threshold) that the UK use to see if your work is "genuine and effective" to be a “worker qualified person” at all times. And keep a check to see that MET amount isn't changed by the UK at any time.
You can switch between being a worker and self sufficient with CSIs for you both, just don’t have a gap as the EU Directive does not allow gaps, although sometime the UK will ignore a short gap, but they don’t have to. Someone reporting on an EEA forum that based on the present refusal figures for PR, over 100,000 will be refused PR in the UK June 2016/17 period, due to their gaps of being legal in the UK, meaning no chance of citizenship before Brexit. Others who know they have not been in the UK legally, not bothering to apply for PR as they know they will be refused.
With Brexit looming and the UK making illegal working a criminal offence from last July (?), some of those on EU routes are saying they are just buying CSIs for everyone now if they think there is a chance their EEA citizen sponsor might lose their worker qualified person status at any time as belt and braces. Before last June when the UK voted to leave the EU, some didn't bother as the NHS is easy to abuse and if they were caught for not being legally in the UK, they just started to be legal (be a qualified person EEA citizen in the UK). Make sure you follow the 2004 Directive on free movement.
