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Hi guys!

My wife is applying for a residence card as a family member of a EEA. In order to apply for the residence card, we got a comprehensive medical insurance from WPA (XSHealth) such as was recommended in a post some month ago. The problem is that now the UK border agency refuse me the residence card because it says (textually):

"As you have only submitted evidence that you hold a private medical insurance policy that only covers what it defines as secondary care, you would still be relying on the public subsistence system in the United Kingdom, should you need to access your GP for general treatment or primary care as defined in your policy booklet"

The problem is that ALL the private medical insurance policy in UK have this restriction. I call AVIVA and the premium policy follows the same requirements, it relies in the need to access the GP for general treatment.

So, which medical insurance should I buy? what should I do now?

Please, I need help!

Thanks!

that is strange.this this is a first.did you read the other tread on health insurance?

crivero1 wrote:The problem is that ALL the private medical insurance policy in UK have this restriction. I call AVIVA and the premium policy follows the same requirements, it relies in the need to access the GP for general treatment.

Yes, that is, because the way NHS works, there is no need (or no market) for a private comprehensive cover. Unfortunately, the UKBA have their own view of things and they do not seem to provide any guidelines as to what is required...

crivero1 wrote:So, which medical insurance should I buy? what should I do now?

Look into foreign coverage. Maybe there are providers in the EEA national's country, for example? Otherwise, I have no clue how to resolve your problem.

The UKBA told that they cannot recommend me a medical insurance and that it only has to be private and comprehensive.

So, what should I do? Can I apply again with the same medical insurance policy and try with another worker? Or should I get a medical insurance from another more well known company like AVIVA and see what happen?

Thanks for all your help!

Hi Crivero1 and all,

We are now preparing our EEA2 application. I am a full time student and my non-EU partner only works 12hs per week. We were about to apply as "student" and pay for a CSI because we thought that this was safer than to apply as "worker" with so few hours per week.... but now we are reconsidering it because it seems that they are rejecting CSIs that weren't rejected before.

Do you have any news regarding CSI?

What is your advice, which route is safer?

Thanks!!

The European Casework Instructions http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/ say the following:

[quote]CHAPTER 9 – APPEALS
3.4 Sickness Insurance
Persons must not become a burden on the public finances of the host Member State. In paragraph 93 of Baumbast, the ECJ found that it was disproportionate for a lack of sickness insurance that covered emergency medical treatment within the UK to be a reason for refusing to grant a right of residence on this basis. Furthermore, the law in regard to the NHS prevents us from restricting people from obtaining medical treatment after they have been here for more than 12 months.

Presenting Officers should seek to argue that an EEA national who holds no form of medical insurance is not appropriately covered. Where evidence of medical insurance is produced, it must clearly demonstrate that the EEA national and their families are covered in respect of all pre-existing medical conditions that require medication and/or treatment as well as any treatment that may be required for serious or long-term medical conditions. Any arguments should focus on whether or not the EEA national or their families could be considered an “unreasonable burdenâ€

Chuni, if ur partner is in the uk only because of ties with u:
1) he is NOT allowed to work until u actually get insurance;
2) it is u who must be working(even 12 hours IS rwegarded as work, provided it is genuine and effective). And only after that ur non-eea can work too

So, just get a job for a minimum amount of hours 12-16 in a supermarket or smth, where u will have an official contract of employment and other PAYE department. This way u can earn money and also save on the hralth insurance which may cost a lot, esp if u r a student. Hope u r also aware u would need to have insurance for both urself and ur partner even if he is working, if u r in the uk only exercising treaty rights as a student.

As regards the unreasonable refusal by the c caseworker, u can appeal the decision as of right and show that what the caseworker is asking is virtually unattainable! On top of which u will display that nkt only u r not an unreasonable burden, but that u no burden at all!!! And in accordance with the principle of proportionality, ut is dusproportionate to deny u residence on the above basis

chuni8 wrote:Hi Crivero1 and all,

We are now preparing our EEA2 application. I am a full time student and my non-EU partner only works 12hs per week. We were about to apply as "student" and pay for a CSI because we thought that this was safer than to apply as "worker" with so few hours per week.... but now we are reconsidering it because it seems that they are rejecting CSIs that weren't rejected before.

Do you have any news regarding CSI?

What is your advice, which route is safer?

Thanks!!

crivero1 wrote:Hi guys!

My wife is applying for a residence card as a family member of a EEA. In order to apply for the residence card, we got a comprehensive medical insurance from WPA (XSHealth) such as was recommended in a post some month ago. The problem is that now the UK border agency refuse me the residence card because it says (textually):

"As you have only submitted evidence that you hold a private medical insurance policy that only covers what it defines as secondary care, you would still be relying on the public subsistence system in the United Kingdom, should you need to access your GP for general treatment or primary care as defined in your policy booklet"

The problem is that ALL the private medical insurance policy in UK have this restriction. I call AVIVA and the premium policy follows the same requirements, it relies in the need to access the GP for general treatment.

So, which medical insurance should I buy? what should I do now?

Please, I need help!

Thanks!

86ti wrote:

crivero1 wrote:The problem is that ALL the private medical insurance policy in UK have this restriction. I call AVIVA and the premium policy follows the same requirements, it relies in the need to access the GP for general treatment.

Yes, that is, because the way NHS works, there is no need (or no market) for a private comprehensive cover. Unfortunately, the UKBA have their own view of things and they do not seem to provide any guidelines as to what is required...

crivero1 wrote:So, which medical insurance should I buy? what should I do now?

Look into foreign coverage. Maybe there are providers in the EEA national's country, for example? Otherwise, I have no clue how to resolve your problem.

86ti is right. This is a grey area and also my first hand experience...
If i remember correctly, someone on this forum did actually succeeded with Private Health Insurance, I tried with BUPA but no success, and they refused...

But after reading these forum for weeks(2009), i used my partners Self-Employment.... which i ignored in the beginning, but it was spot on...
@crivero1
Do u have any such option?I suppose u understand otherwise PM me....

3.4 Sickness Insurance
Persons must not become a burden on the public finances of the host Member State. In paragraph 93 of Baumbast, the ECJ found that it was disproportionate for a lack of sickness insurance that covered emergency medical treatment within the UK to be a reason for refusing to grant a right of residence on this basis. Furthermore, the law in regard to the NHS prevents us from restricting people from obtaining medical treatment after they have been here for more than 12 months.
Presenting Officers should seek to argue that an EEA national who holds no form of medical insurance is not appropriately covered. Where evidence of medical insurance is produced, it must clearly demonstrate that the EEA national and their families are covered in respect of all pre-existing medical conditions that require medication and/or treatment as well as any treatment that may be required for serious or long-term medical conditions. Any arguments should focus on whether or not the EEA national or their families could be considered an “unreasonable burdenâ€

If you copy and paste external text here please also cite the source properly.

sorry i dont know that i should post the link , the fact is im intersting in this case becouse i will apply soon for eea4 and my wife have gab during this 5 year ,she didnt work about 2 year andwe dont hold insurance for that period and we dont know how to fix just we will keep its for luck becouse insurance cant be backdated .... me im non eea and my wife she is eea i been working for 5 year full time paying tax and insurance really its not good to get refuse just becouse we didnt know that we need to hold that insurance... sorry again that i dont post the link just i try to help... this is the link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

sorry i dont know that i should post the link , the fact is im intersting in this case becouse i will apply soon for eea4 and my wife have gab during this 5 year ,she didnt work about 2 year andwe dont hold insurance for that period and we dont know how to fix just we will keep its for luck becouse insurance cant be backdated .... me im non eea and my wife she is eea i been working for 5 year full time paying tax and insurance really its not good to get refuse just becouse we didnt know that we need to hold that insurance... sorry again that i dont post the link just i try to help... this is the link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Wow, this is the first time I am hearing that someone gets rejected because of this. To the OP: do you yourself have PR or a residence card? I am in the position now where my hubby who is a non-EU national has got this residence card about 3 years ago. I never bothered to apply for any residence card even though I have been here since 1998. Nonetheless, we are thinking of me applying for BC now so I have sent off my passport for PR first which I think will make the BC application easier. I am a student (and have been when they gave hubby his residence card but they never asked for health care insurance) and I am nervous now about what they will say.