going back to the UK european partner will be a student

busya13 · Post by **busya13** » Mon Aug 18, 2014 7:47 pm

hi!

i would really appreciate some advice. i lived in the uk for 6.5 years previously from 2004 till 2011. first as a student then got married to an an eu national (czech republic). we left the uk in 2011. now we want to go back. we have a daughter of 3 years who also has an eu passport. my spouse will do his phd in the uk. the question is whether i can still re-enter the uk on my old eea2 permit. it expires in november 2014. we want to go back in september. i phoned the home office and the lady i spoke to said it would be ok. i just wanted to double check here. after i come back, do i just apply for eea2 before the expiration date of the old residence card? how is applying as a spouse of a student differs from applying as a spouse of a migrant worker? thanks a lot in advance...

rosebead · Post by **rosebead** » Mon Aug 18, 2014 11:16 pm

You are entitled to enter the country with your EU spouse anyway, with or without EEA2. If UK Border Force query your EEA2 then just simply present your and your spouse's passports and marriage certificate and by Case law MRAX (Case C-459/99) they are meant to let you in - in this instance you will get a Code 1A entry stamp.

If your spouse is a student, then he must take out comprehensive sickness insurance for himself and all of his family to be eligible for another EEA2, and he and his family must be self-sufficient on their own funds. You can certainly apply before the expiry date of your current EEA2.

Jambo · Post by **Jambo** » Tue Aug 19, 2014 7:49 am

rosebead wrote: If your spouse is a student, then he must take out comprehensive sickness insurance for himself and all of his family to be eligible for another EEA2, and he and his family must be self-sufficient on their own funds. You can certainly apply before the expiry date of your current EEA2.

Small correction: if the EEA national is a student, only he/she needs CSI (health insurance). Not the family members.

busya13 · Post by **busya13** » Tue Aug 19, 2014 12:03 pm

oh, thanks a lot, guys!

that sounds reassuring! could you please elaborate how to prove my spouse is self-sufficient? does a big amount of money need to be on his account? need to send a bank statement with the application?

Jambo · Post by **Jambo** » Tue Aug 19, 2014 12:41 pm

If she is a student, she doesn't need to exercise treaty rights as self sufficient. Students don't require to show funds.

rosebead · Post by **rosebead** » Tue Aug 19, 2014 4:31 pm

Very strange, I always assumed the EEA student must have CSI for everyone in his family including himself because he does have to have sufficient funds for everyone in his family including himself according to Article 7(1)(c) of Directive 2004/38:

have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority, by means of a declaration or by such equivalent means as they may choose, that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence

However if you read very carefully the wording of Article 7(1)(c) it would appear the EEA student only needs CSI for just himself, yet at the same time must also have sufficient resources to cover himself and his family. I never noticed that. I have to say it seems rather curious that you have to be self-sufficient as an EEA student, which includes your family, but yet you don't have to have CSI for your family. I guess there is some advantage to being a student then as opposed to being purely self-sufficient under Article 7(1)(b).

busya13 · Post by **busya13** » Fri Aug 22, 2014 11:36 am

but just to play on the safe side is it better to arrange CSI for the whole family? can anyone tell me approximately how much is it per months per person? recommend any insurance company? thanks!

rosebead · Post by **rosebead** » Sat Aug 23, 2014 2:43 am

The Directive specifically states that only the EEA student needs CSI but not his family if you read it carefully (I hadn't noticed this before but it appears this is the case). The Directive also says the EEA student needs to assure the host State by a declaration or by any means of his choosing that he and his family will have sufficent resources not to be a burden on the state. This is what Home Office guidance here says about EEA2 and family members of students:

If your EEA family member is a student, you need to provide a school, college or university letter confirming enrolment on the course. You will also need to provide proof that they have comprehensive sickness insurance and a statement from the student
confirming that the student has sufficient resources during the period of study to support him or herself and any family members during the period of study, along with supporting evidence such as a bank statement or evidence of a grant or scholarship. Please note that a Residence Card application can generally only be accepted from the spouse, civil partner or child of the student, or the child of the spouse or civil partner, when the European national is exercising treaty rights as a student. Other family members will generally not automatically qualify for a Residence Card.

By the way, if your EU husband plans to get a regular part-time job, then he won't need to get CSI for himself or provide proof of sufficient funds for himself and his family. You could then apply for EEA2 on the basis of him being a worker rather than a student.

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going back to the UK european partner will be a student

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