EEA3 OR EEA4 PR

I am non EEA family member and I have residence card until Jan 2015. I applied in March 2009 so I believe I can apply for PR in March 2014? I have residence card on the basics that my wife is economically self-sufficient. Unfortunately we does not have comprehensive medical coverage for 5 years. However, since 2008 (I was on working holiday visa that time) I am working full-time and supporting family. I know HO argues if we had not Medical insurance then she was not exercising treaty rights in uk however, I got advice from European advice

"Unfortunately your situation appears to be a widespread problem. When the Citizens Directive 2004/38 came into force in 2006, many European countries have used this as a pretext to tighten up their rules on access to healthcare. We understand that the Commission is investigating the situation, but this will take time to resolve the situation. According to the latest information at our disposal, the European Commission is in the process of taking the UK to the EU Court of Justice for breach of the EU rules in respect of the failure to accept NHS cover as proof of comprehensive healthcare insurance:
http://europa.eu/rapid/pressReleasesAct ... =IP/12/417

We understand that access to healthcare in the UK is based upon a requirement that you are residing in the UK. Under the National Health Service Acts, any person who is ordinarily resident in the UK is entitled to free healthcare treatment. In addition, the Overseas Visitors NHS Charges Regulations make it clear that workers of any nationality who are employed in the UK are exempt from the payment of charges for treatment obtained on the NHS.

However, the UK authorities take a restrictive view of the Citizens Directive. They consider that it requires self-sufficient persons to demonstrate that they have had comprehensive healthcare insurance other than the NHS throughout the time of their residence in the UK.
The UK authorities take the view that an EU citizen who does not work and who relies on the NHS for healthcare needs is a burden on the UK’s social assistance system. The UK authorities therefore consider that persons who do not work and rely on the NHS do not have a right to reside in the UK under the Citizens Directive. As a result, the UK authorities are likely to reject your application for a residence card on the basis that your wife does not have comprehensive healthcare insurance cover.

You have informed us that you currently wok but your wife does not. Under the UK National Health Act and associated regulations, the fact that you work for a UK employer means that you are entitled to NHS treatment and so is your wife in her capacity as your family member. Moreover since you pay taxes and national insurance in the UK, we consider that the UK authorities cannot legitimately consider your wife as being a burden on the UK’s social assistance system. [This was made very clear by the ruling of the Court of Appeal in W & X (China) in which Buxton LJ remarked that what matters is whether the citizen and his family members are likely to create “a burden on the taxpayer”. Since you pay taxes in the UK the UKBA cannot legitimately consider that you and your wife constitute a burden on the UK’s public finances.
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Can I apply for PR on the W & X (appeal) basis? Any advice would be very helpful?

by the way 5 years for PR count from the marriage date it doesn't matter when you send EEA2 residence card application

Well we are married since 2007. But we were married in Sweden.

Any comments for the PR application please?

As it was clearly spelled by Europe Advice there is a disagreement between the UK and the European Commission. As it is the UK that issue the PR Confirmation, you will get refused. You can take them to court but until the UK will be forced by the European court to change its policy your chances (even with an appeal) are not big.

Any chance your wife can get a letter from the health authorities in her home country to confirm she was covered during those years? Or obtain a non UK EHIC? That could satisfy the HO.

rameez522 wrote:Well we are married since 2007. But we were married in Sweden.

Any comments for the PR application please?

ok in this case it will count from the date you entered UK

Jambo wrote:As it was clearly spelled by Europe Advice there is a disagreement between the UK and the European Commission. As it is the UK that issue the PR Confirmation, you will get refused. You can take them to court but until the UK will be forced by the European court to change its policy your chances (even with an appeal) are not big.

Any chance your wife can get a letter from the health authorities in her home country to confirm she was covered during those years? Or obtain a non UK EHIC? That could satisfy the HO.

Thanks Jambo, She has swedish EHIC card which expires in March 2012 and second card which expires in August 2015. We have a gap of about 4 months (April 2012 - July 2012) but I am sure we would be able to get a letter covering all 5 years.

You haven't told us about EHIC card in your earlier post. A letter is sufficient from the Swedish authorities ( if not english need to translate it with a verified translator ). I've seen posts in this forum where UKBA accepted letter from German and French authorities

rameez522 wrote:

Jambo wrote:As it was clearly spelled by Europe Advice there is a disagreement between the UK and the European Commission. As it is the UK that issue the PR Confirmation, you will get refused. You can take them to court but until the UK will be forced by the European court to change its policy your chances (even with an appeal) are not big.

Any chance your wife can get a letter from the health authorities in her home country to confirm she was covered during those years? Or obtain a non UK EHIC? That could satisfy the HO.

Thanks Jambo, She has swedish EHIC card which expires in March 2012 and second card which expires in August 2015. We have a gap of about 4 months (April 2012 - July 2012) but I am sure we would be able to get a letter covering all 5 years.

The EHIC (even with gaps) would probably be enough for the HO. The remaining issue is that EHIC would only cover her PR status. For self sufficient, you also require health insurance to achieve PR.

Thanks Guys, So the money I have been paying to NI was no use, even it was roughly £300/month???
If she gets her PR would it qualify me for PR if I apply later?

rameez522 wrote:Thanks Guys, So the money I have been paying to NI was no use, even it was roughly £300/month???
If she gets her PR would it qualify me for PR if I apply later?

Like obie said she won't have problem but you will.

OK guys I have discussed with my employer and they happy to sponsor me (Tier 2 general) category and I have checked it, I qualify for it.
Now 2 questions:
would it be ok to switch from non-EEA residence to Tier 2 visa?
in 2017 it will be my 10 years in this country. Can I apply for PR then? When I applied in March 2009 I had acknowledgement letter from HO in April and my employment was continues on that letter until I received residence card in Jan 2010. However, I had visa gap from May 2009 - Dec 2009 because i was waiting for my decision. I believe i was legal that time. I have all the pay slips for that period to show I was working.

Any comments please.....??

Hope for some EEA national without CSI but Self Sufficient.