The judgment sets out that the UK should have accepted that access to the National Health Service is of itself sufficient to meet the requirement for CSI.
Led by the3million, our network of people affected, lawyers, campaigners and others in solidarity seeks justice for people affected by this requirement throughout the years.
The European Court of Justice ruled the UK’s requirement for Comprehensive Sickness Insurance (CSI) unlawful.
Have you been personally affected by a lack of CSI?
Or have you worked with people who have been affected by the requirement?
We want to hear from you.
We are supporting people to pursue justice and explore options to seek restitution.
Compensation claims on damages arriving from breaches of EU law can be brought by 31st December 2022.
EU Free Movement law states people can move to other EU member states to live, work and study. However, if they are studying or self-sufficient, they need CSI to not be a burden on a country’s healthcare system.
Most EU member states have insurance-based healthcare systems, requiring both nationals of that state and immigrants to hold insurance policies to access healthcare.
However, the UK’s NHS is funded from general taxation (including VAT paid by everyone) and as such EU citizens living in the UK have been able to use the NHS on an equal footing with British citizens without the need for insurance.
Despite this, and the significant contributions made by many, the Home Office has required EU citizens to hold CSI to live in the UK in accordance with EU laws.
Who has been impacted?
Self-sufficient parents with caring responsibilities
Those who would have had Permanent Residence rights but for a previous lack of CSI during periods of study of self-sufficiency
Family members of EU citizens
What is Comprehensive Sickness Insurance (CSI)?
What has been the impact of CSI?
"CSI contributed to my deportation"
In order for EU citizens to benefit from higher thresholds of deportation protection, they required CSI, if they had periods of self-sufficiency or being a student in their history.
People who didn’t have CSI were unable to have the benefits of greater protections.
"I was denied benefits because I didn’t have CSI"
CSI, or a right of Permanent Residence, was required from people applying for welfare benefits and other services such as homelessness support.
"My child didn’t automatically get British citizenship because I didn’t have CSI"
Children born in the UK to parents who had settled in the UK having lived here for five years are British.
However, CSI was required in order for the self-sufficient or studying parent to be considered as having lived lawfully in the UK and children were wrongly deemed not to have been born British.
People have had to apply for British citizenship for their children, at their own cost of over £1,300.
"I bought expensive Health Insurance only to satisfy a Home Office tickbox"
We are aware people took out expensive insurance policies in order to satisfy the CSI requirement.
Some never claimed on their policy, as they had access to the NHS without it. They only used these policies to apply and successfully be granted residence cards.
"I was denied my right to citizenship due to lack of CSI"
CSI was a requirement for people to acquire permanent residence in the UK and went on to be denied access to citizenship and other opportunities because they were not permanently resident in the UK.
In particular, we are aware of those who were unable to renew documents or acquire permanent residence because in the 5 year period of residence they had times when they were self-sufficient without CSI.
We are aware some people had to pursue other expensive immigration applications, or were forced to leave the UK.
"I received a removal notice saying I was not exercising treaty rights"
CSI was a requirement where the Home Office issued removal notices on self-sufficient people they suspected were not exercising treaty rights.
We are aware that people were issued with these notices and some were enforced leading to removals based on a lack of CSI.