Right to reside and comprehensive sickness insurance

Hello

I’m currently dealing with an appeal that regarding a right to reside for a student with comprehensive sickness insurance. She’s been in the UK since 1998, and we do have some evidence that she has had comprehensive sickness insurance since she arrived in the UK. However, the evidence we have totally isn’t conclusive and it isn’t helpful that the documents are all in Greek; although we have obtained a translation, it doesn’t make it 100% what the policy does and doesn’t cover.

I was wondering whether the requirement for comprehensive sickness insurance was a requirement for EU citizens studying in the UK prior to 2006. Although having a right to reside as a student since 2006 is dependent on the requirement to have comprehensive insurance, you can of course still study here without insurance; it’s just that you won’t necessarily have a right to reside. Was this different before 2006? Did you have to have the insurance in order to study here? If so, can anyone point me to the relevant regulations? I’m thinking that if it was mandatory that you had comprehensive sickness insurance prior to 2006, this may tip the balance in our favour, when considering the inconclusive documents we have about the insurance.

I will of course be seeking further clarification about the insurance policy in any event.

Thanks

Alex

These might help:

https://www.freemovement.org.uk/comprehensive-sickness-insurance-what-is-it-and-who-needs-it/

and (linked in the above article):

https://www.whatdotheyknow.com/request/370845/response/904120/attach/4/Annex%20A%20Notice%2007%2011%20Comprehensive%20sickness%20insurance%20revised%20REDACTE….pdf

Article 1 of Directive 93/96 gave students a right to reside subject top comprehensive sickness insurance - it was repealed and consolidated into 2004/38.

See also in national law for example Reg 3 of the I(EEA) Regs 2000

Thank you, very helpful indeed.

Alex