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Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I have recently been turned down citizenship

Resolved Question:

Hi, I have recently been turned down for British citizenship , because I did not have comprehensive medical insurance. I am a Romanian ( all in my life) and Hungarian ( since 12/04/2012) citizen. I moved to UK in 2007 March. I registered as student and had received a yellow registration card. I have lived, studied and/or worked since. In November 2011 my first daughter was born who is British citizen, in June 2012 I married to a British citizen, in October 2013 my second daughter was born who is also British citizen. When I registered as a student comprehensive medical insurance was not a requirement. My question is, were they right to refuse my application, because I did not have comprehensive med. insurance? Could I still apply just for permanent residency? She'll I wait and apply as a Hungarian citizen ? Thank you!
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. Did you apply for UK citizenship on the basis of five years residency in the UK or on the basis of three years of marriage to your British citizen wife? When did you cease being a student? What visa have you been on since you ceased being a student?
Customer: replied 1 year ago.
I applied for naturalisation based on my marriage to a British citizen. I ceased studing in July 2013. I was on maternity leave from September 2013- september 2014 and then I went back to work to my current workplace. I didn't apply for visa because I am also a Hungarian citizen and I have the right to work and study without visa or registration.
Expert:  Buachaill replied 1 year ago.
1. I regret to say that when you were registered as a student, it was a UK Home Office requirement that you would have comprehensive sickness insurance, as well as sufficient funds to support yourself. Your university would not have required it, so you wouldn't have heard anything about it. I regret to say that having had valid health sickness cover is a requirement if you want to prove you were lawfully living in the UK as a student and exercising EU Treaty Rights as a student.
Expert:  Buachaill replied 1 year ago.
2. I regret to say that your application was lawfully refused on the basis of failing to have health sickness cover. So, an appeal is not going to be successful, I regret to say. However, if you ceased studying in July 2013 and started work, in August 2013, you will qualify for British citizenship in August 2016 on the basis of three year's marriage, as the years spent studying without health insurance will not count towards citizenship.
Expert:  Buachaill replied 1 year ago.
3. The following are not accepted as evidence of comprehensive sickness insurance:o a health cash-plan scheme will not be considered, as these policies do not cover medical treatment in the majority of circumstances;o reliance on the UK NHS (national health service); ando travel insurance, as these temporary policies only cover emergency treatment for a limited time, outside of your country of residence.
Expert:  Buachaill replied 1 year ago.
4. I would advise you to continue in employment until August 2016 and then apply for citizenship. During that time you will be lawfully resident in the UK as you will be exercising Eu Treaty Rights.
Expert:  Buachaill replied 1 year ago.
5. Please RATE the Answer positively as unless you RATE the Answer your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
Customer: replied 1 year ago.
Comprehensive medical insurance for romanian students was introduced in 2011. I came to UK as student in 2007! When I applied for registration card back in 2007, comp. med. ins. was Not required!
Expert:  Buachaill replied 1 year ago.
6. Only the last three years when you were married are relevant. So, it is irrelevant what ocurred in 2007 & 2011. The important point is that for one of your three qualifying years for British citizenship, you were a student so you needed to show comprehensive medical cover for this year, as that was the law. If you are disappointed with the decision, by all means appeal. There is always the possibility that you will be successful.
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