EEA4 application, NEED HELP!

Dear All,

This forum is pretty helpful so today I am putting some of my enquiries. Hope that I can get help from you, my friends!

I am a non-EEA national. My husband is an EEA national and he has got his permanent residence (PR) in the UK in 2008.

I list my situation below:

Entered the UK and living as a student: Mar 17, 2005
Started living together with my husband (at that moment, boyfriend) since: June 2005
Got married with my husband: Mar 2006
Applied for EEA2 and got the Residence Card on: Oct 12, 2007 (I always had a valid student visa so I did not apply for EEA2 until 1 year after marriage)
Up to date, I have been living with my husband in the UK for 4 years and 10 months, and we have been married for 4 years.

I called home office last week to ask them whether I am legal to apply for the PR this year. The advisor seemed not very confident to answer my question, but he said if I have lived with my EEA-national family (my husband) for 5 years in the UK, then I can apply using EEA4. I emphasized that I am only married with my husband for 4 years but not 5. I said this because before calling them I have got some information from this forum and I know that it should be after my 5 th marriage anniversary to apply for the PR. However, the Advisor persist in his opinion that no matter how long I am married, if I have lived with my husband for 5 years (1 year before marriage), then I can apply for PR.

Then recently I started to look at the documents required for PR application. Today, I got information from the intnet, saying that health insurance is required for students. Both my husband and I are always students in the UK. We are doing PhD research and got income from the university. However, we never bought medical insurance before. When my husband applied for his PR, he was asked to provide the medical insurance. We had to ignore this because we did not have any one. My husband obtained his PR in 2008 anyway. I am worried the insurance may affect my application this time, so I called home office again to ask.

However, the home office advisor who answered my call this morning gave me some very superising information. Firstly, he said I am not legal to apply for PR this year because I obtained my Residence Card on Oct 12, 2007. I will have the right to apply for PR 5 years after the day when I got the Residence Card (which is Oct. 2013…..but don't the non-EEA family members get the right of residence automatically after marriage?!).

Secondly, health insurance is necessary for EEA student and their family members. The advisor had no idea why my husband could get the PR without providing the health insurance but he said there can be some issue for my application if without such insurance.

In a word, I am fully confused by the home office advisors. Now I have no idea when I am legal to apply for PR. Should it be 5 yeas after living with my husband, or 5 years after marriage, or 5 years after I got the Residence Card? The health insurance is another issue now. Could anyone give me some help?

I am really grateful!
Best Wishes to you all!

You qualify for PR in Mar 2011 - 5 years after marriage and residing in the UK with your EU spouse under EU law.

The UKBA is correct in requesting that you both have medical insurance cover as students. However it is still being argued (out of court) that NHS cover should suffice as comprehensive medical insurance but the UKBA do not accept this as yet. May be if the matter reaches the ECJ... There is no harm in you getting private med. cover now and applying for PR next year. The application is free and the worst case scenario is that your application is returned unprocessed (which doesn't affect your legal status in the UK). I just wonder how it is your hubby got confirmation of PR w/out proof of private medical cover as requested by the UKBA.

The UKBA advisor is totally wrong in advising that you will qualify for PR 5 years from the date on your RC. The date on the RC only reflects when your existing status - family member of a EEA/EU/Swiss national was confirmed on paper; hence Mar 2011 is the date you will automatically acquire PR.

[quote="Plum70"]I just wonder how it is your hubby got confirmation of PR w/out proof of private medical cover as requested by the UKBA.[quote]

Thanks so much indeed!

I called my husband 1 hr ago to ask this. He remembered that when he was asked to provide the medical insurance during application of PR, he wrote a letter to home office to explain that he did not buy any insurance. He enclosed his NHS card in that letter and said that was all he had. He was quite lucky as his application was accepted and successful. However, that was in 2008. I have no idea what is going to happen to the same case now. I will listern to your advice and buy the insurance from now on and try to apply for the PR next year.

Thanks again, Plum70!

[There is no harm in you getting private med. cover now and applying for PR next year. The application is free and the worst case scenario is that your application is returned unprocessed (which doesn't affect your legal status in the UK).]

Sorry I forgot to ask this.

You said 'the worst case scenario is that your application is returned unprocessed (which doesn't affect your legal status in the UK).' Do you mean that I will still get PR automatically after 5 year's marriage, just the home office refuses to process my application for the PR confirmation?

Thanks!

Not exactly... If the UKBA refuses to overlook the pre-2010 years w/out private medical insurance (and ignores your NHS cover as a substitute) then they may not confirm your PR status on paper. This does not mean that you have not automatically attained PR, it's just that you may not have documentary evidence from the UKBA to prove it (which may not be a hinderance if you still have a valid RC).

I just got some information from a friend online. He suggests that I don't need the medical insurance for EEA4 application because my husband has the PR already (got in 2008). He explianed that my husband has a PR so he doesn't have to show proof of exercising treaty right again, all he needs to do is live in the uk for me to qualify. No more need to be exercising treaty right once a EEA national got a PR. If HO refuse my application, it might be worth to wait till I get to 5 years counting from when my husband got his PR.

Just want to share this information, and happy to discuss.

bbqstream wrote:

Plum70 wrote:I have no idea what is going to happen to the same case now. I will listern to your advice and buy the insurance from now on and try to apply for the PR next year.

Thanks again, Plum70!

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