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Dear all,

I wonder if a Chinese national need a TB certificate when applying for an EEA2 residence permit. Me, the EEA national is a student in the UK from the fall 2012. I have CSI for both of us.

Best

1878

TB certificate is NOT REQUIRED for any non EU citizen applying for eea2 application

Can they refuse an EEA 2application based on not having a TB Certificate?

See this page: http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/med/

”Paragraph 36 of the Immigration Rules states that any person who intends to remain in the UK for more than 6 months, including applicants proceeding to parts of the Common Travel Area should normally be referred for a medical examination“

The quote refers to entry clearance applications.

EEA route applications are not subject to the Immigration rules. Refusal may be on specfic public health grounds.

vinny wrote:The quote refers to entry clearance applications.

EEA route applications are not subject to the Immigration rules. Refusal may be on specfic public health grounds.

I concur that it is not a requirement as Vinny posts.

For an EEA2 application, it will not be asked for (if over three months in the UK, then public health cannot come into play in any event).

Others are posting that applications from Pakistan are being asked to submit TB cert for EEA family permits.

See previous thread on similar subject.

http://www.immigrationboards.com/viewtopic.php?t=99489

Okay. We already have been issued a EEA FP from Shanghai.

When we land in London, can they ask for TB Certificate? They did not ask for a TB certificate at the VAC in Shanghai, China.

In principle EEA applications can be refused on public health grounds, but I am not aware of any case in which it actually happened.
From a practical point of view, it only makes sense for EEA Family Permit applications. By the time an application for a Residence Card is decided, you are in the UK already for a few months and have had ample opportunity to spread any disease you might carry.
OP got their EEA FP already, so I don't see any reason to worry.

See also do I need to carry the TB screening report?

1878 wrote: They did not ask for a TB certificate at the VAC in Shanghai, China.

That's very good. They appear to have been asking applicants from Pakistan recently.

fysicus wrote:...From a practical point of view, it only makes sense for EEA Family Permit applications...

EU guidance is that a medical certificate cannot be asked for.

1878 wrote: When we land in London, can they ask for TB Certificate?

No.

The directive allows member states to refuse entry on the grounds of public health, but only during the first three months of residence and only if it's a threat to public heath. In practice any disease that might fall into that category would most likely lead to isolation of the patient and medical treatment. Hopefully, once cured the person would no longer be a threat.

Therefore it's not something to be too worried about.

Part of the UK transposition says (reg 22 2 (c)):

(c) a medical examination is not be carried out under
paragraph 2 or paragraph 7 as a matter of routine and
may only be carried out within three months of a
person’s arrival in the United Kingdom.

As an aside, and only if it is relevant: If you are concerned your partner has TB, then I would urge you to seek treatment.

But UKBA should not be conducting TB tests on family members of EU citizens. The "Immigration Rules" do not apply to family members of EU citizens. Family members of EU citizens "are not subject to immigration control". Just be firm and say "no", and then repeat. Will you be travelling together?

Yes, we will be traveling together. I will give you an update.

Will this http://www.ukba.homeoffice.gov.uk/sitec ... 42-tb-test change anything?

"The additional countries that will be covered by the pre-screening pilot are:

China;
China, Hong Kong SAR;
China, Macau;
"

1878 wrote:Will this http://www.ukba.homeoffice.gov.uk/sitec ... 42-tb-test change anything?

"The additional countries that will be covered by the pre-screening pilot are:

China;
China, Hong Kong SAR;
China, Macau;
"

No, because EEA applications are not done under the immigration rules.

Okay, thank you so much for your answer. I really appreciate it!

what is TB Certificate?

By the way, you need to apply for EEA residence card when you arrive in the UK.

darlene82328 wrote:what is TB Certificate?

It is one that demonstrates that one does not have TB.

darlene82328 wrote:what is TB Certificate?

By the way, you need to apply for EEA residence card when you arrive in the UK.

I know.

UKBA has said that TB tests are NOT required for applicants for EEA Family Permits.

In which countries have applicants been required to get the TB test before the application is accepted?

How much has the test generally costed?