Will I still need Comprehensive Sickness Insurance after Brexit?

Comprehensive Sickness Insurance is one of the requirements for Permanent Residence applications if the Applicant is applying as a student and/or self-sufficient person at any stage during the relevant 5-year qualifying period. However, with 29 March 2019 (the day the UK will be leaving the EU – maybe?)  fast approaching, and the introduction of EEA Settled Status, it seems that it will be no longer necessary for EU nationals and their family members to show they have comprehensive sickness insurance. Our EEA Immigration Team is on hand to answer questions about Brexit during an initial consultation and can explain the process and rules for permanent residence and EEA Settled Status and Pre-Settled Status applications.

What is Comprehensive Sickness Insurance and who needs it?

Comprehensive sickness insurance is one of the requirements for Permanent Residence applications. It is a form of medical insurance that will cover the cost of the majority of medical treatment in the UK. Whilst EEA nationals and their family members are able to use the NHS in the UK, access to the NHS is not considered to be enough to satisfy the comprehensive sickness insurance requirement. The definition of comprehensive sickness insurance also does not include cash-back health schemes or travel insurance policies. One of the most popular ways to demonstrate comprehensive sickness insurance is by showing the Home Office a European Health Insurance Card which is issued by an EEA Member State, excluding the UK.

EEA nationals and their family members who have studied or been self-sufficient in the UK will need to show evidence of comprehensive sickness insurance as part of a Permanent Residence application. They will need to show that they held valid comprehensive sickness insurance during the periods of study or self-sufficiency.

Will I still need Comprehensive Sickness Insurance for my Settled Status application after Brexit?

Applicants who are applying for EEA Settled Status or Pre-Settled Status documents once the UK has left the EU will not need to provide evidence of having comprehensive sickness insurance during any periods of study or self-sufficiency in the UK. On 26 January 2018, the Home Office confirmed 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. Students and self-sufficient people living here can still be granted settled status even if they have never held this.”

Therefore it seems that EEA Settled Status and Pre-Settled Status Applicants will not have to satisfy this requirement. However, for those who are still applying for Permanent Residence prior to the end of next month and have had periods of study or self-sufficiency in the UK will still need to show they have comprehensive sickness insurance. If you qualify for Permanent Residence before Brexit, then it may be advisable to apply for Permanent Residence now as it will be easier to convert to EEA Settled Status later on. Please note that every case is considered on its own merit and before submitting any visa application to the Home Office you should first seek proper legal advice by booking a consultation with our Solicitors.

What are the other main requirements for Permanent Residence?

As well as showing comprehensive sickness insurance if you had spent any time in the UK as a student or self-sufficient person, the other key requirements for all Permanent Residence applicants are:

  • Being a national of an EEA country or the family member of an EEA national exercising Treaty Rights in the UK;
  • Be a qualified person;
  • Demonstrate 5-years continuous residence in the UK; and
  • Must not have any excess absences from the UK during the qualifying period.

Whether it be Permanent Residence or EEA Settled Status that is being applied for, it is crucial that all of the Home Office rules and guidelines are met, in order to avoid an application being refused. Contact us today if you wish to book a consultation with one of our specialist qualified Immigration Solicitors who can assist in the preparation and submission of successful EEA applications.

Using Legal Representation to apply for Permanent Residence

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application for Permanent Residence.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Permanent Residence application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Permanent Residence application meets the Rules.

Successful Permanent Residence Applications

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Permanent Residence application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Permanent Residence application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful Permanent Residence applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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