Residence card & question of CSI for dependent of student

[Vyzla]

Dear forum members,

Even though in the past there have been quite a few posts pertaining to the topic of 'residence card refusal', I failed to identify a post closely emulating my circumstances, therefore decided to post this.

BACKGROUND:
I am from Lithuania (one of EEA member states), but for the past 7 years I have been studying at the university in the UK. I am due to complete my studies in July, 2016. A little over a year ago I married a Venezuelan national who subsequently arrived to England on an EEA Family Permit visa in May 2015. At the beginning of July she secured a full-time employment and in mid-August of the same year she applied for the residence card. Unfortunately, last week we received the letter from Home Office (HO) notifying of the residence card refusal on the basis that she "failed to submit any evidence that you or your EEA sponsor hold comprehensive sickness insurance". It is completely my fault as I forgot to include my EHIC issued in Lithuania with the documents.

Since the refusal letter I also realised that EHIC card would only qualify as means of comprehensive sickness insurance (CSI) if accompanied by the letter stating the intent of temporal stay in the UK. At the moment, this would be a little hard to do as I already signed a contract to work as junior doctor in Liverpool starting on the 1st of August, 2016. Therefore, it seems to me that in order to fulfil CSI requirement on my part (my wife is in full-time employment in the UK, so I was told that she does not need CSI) I need to purchase a CSI via one of the commercial insurance companies? If so, this just makes no sense, as currently as a student I am fully covered by my Lithuanian EHIC and upon the completion of my studies I will be employed as a doctor.

QUESTIONS:
(1) What to do next?
---> write to our caseworker asking for reconsideration?
---> appeal including my EHIC card?
---> re-apply including EHIC card (the issue of temporal stay remains)?

(2) Would it be just easier to purchase commercial CSI and then reconsideration/appeal/re-apply?

(3) Should I involve solicitor?

Any help would be amazing.

Thank you in advance.

[noajthan]

It seems quite bizarre that an aspiring doctor is refused due to lack of proof of health insurance. Oh the irony.

Now do be careful, rules around CSI changed in the middle of last year.

EEA nationals & their dependents now need to demonstrate health insurance, for example when the dependent applies for a RC.

See http://www.ukcisa.org.uk/International- ... -obtain-it?

See specific HO guidance here:
https://www.gov.uk/government/uploads/s ... udents.pdf

Your EHIC should cover you, if you can get around the supporting 'letter of intent' requirement.
Unfortunately buying CSI now won't remedy this for your spouse, as, being a form of insurance, CSI can't be backdated.

However, you mention you have been in UK as a student for 7 years.
In that case you should have automatically acquired PR by now.

Note EEA nationals with settled status ie PR no longer have to exercise treaty rights.
That would mean your spouse has the right to reside & work in UK as the dependent family member of an EEA national with PR.
And bingo! no need for CSI

To prove you have acquired PR you will have needed CSI (or to make sure you were covered by your foreign-issued EHIC/s) for the past 7 years as a student.

Alternately, it's a bit of a longshot but there is a transitional arrangement whereby, if you had a RC issued to you as a student in or before 2011, there is no need to demonstrate CSI.

See https://www.whatdotheyknow.com/request/ ... issued.pdf

Suggest you see if you have adequate documentary supporting evidence to prove you have already acquired PR in a 5-year time slot (sometime since 2009).

Not sure if it's best to submit that evidence to refute the refusal of ths current RC application.

Alternately you could apply for your confirmation of PR card first. You will need that anyway if you have ambitions for privilege of citizenship.
Then shoot for spouse's RC again, this time using your PR card as key evidence.

Good luck.

[Vyzla]

Dear noajthan,

Many thanks for the response.

Just to clarify, you wrote: "Unfortunately buying CSI now won't remedy this for your spouse, as, being a form of insurance, CSI can't be backdated"

Does this mean that as a part of residence card application my spouse still requires CSI despite the fact that she has been in full-time employment with UK-based company since July, 2015? Currently, she is registered with GP and has even been to hospital for some major radiological investigations. I presumed that due to her employment and resulting monthly contributions via taxation she already had full NHS entitlement, thus it would be illogical to duplicate all that with commercial health insurance.

In regards to my PR application, over the 7 year period while studying at Oxford I obtained Lithuanian EHIC only 3 times (2010-2011, 2012-2013 and 2015-2016), therefore I believe that would not fulfill the requirement for PR? It is disappointing as getting EHIC would have been minor issue, but since I was never asked for EHIC by university or GP/hospital/medical school I stayed busy with academic commitments instead of traveling to Lithuania.

[noajthan]

Dear noajthan,

Many thanks for the response.

Just to clarify, you wrote: "Unfortunately buying CSI now won't remedy this for your spouse, as, being a form of insurance, CSI can't be backdated"

Does this mean that as a part of residence card application my spouse still requires CSI despite the fact that she has been in full-time employment with UK-based company since July, 2015? Currently, she is registered with GP and has even been to hospital for some major radiological investigations. I presumed that due to her employment and resulting monthly contributions via taxation she already had full NHS entitlement, thus it would be illogical to duplicate all that with commercial health insurance.

In regards to my PR application, over the 7 year period while studying at Oxford I obtained Lithuanian EHIC only 3 times (2010-2011, 2012-2013 and 2015-2016), therefore I believe that would not fulfill the requirement for PR? It is disappointing as getting EHIC would have been minor issue, but since I was never asked for EHIC by university or GP/hospital/medical school I stayed busy with academic commitments instead of traveling to Lithuania.

This is a government department you are dealing with - don't expect logic (or common sense).

It seems CSI is required nowadays; the HO guidance seems quite clear (see second link in my post above):

Applications for registration certificates or residence cards received on or after 22 June (2015) will be decided in line with the amended Regulations.
This means that evidence of CSI must be provided to cover the EEA national and any family member also residing in the UK with them.
Where there is no evidence of CSI for the EEA national or the family member(s), the application will be refused in line with regulation 4

At least you did not receive a point-blank refusal.

Your PR could be the key here.
Is it possible you had cover in those missing earlier years (around 2014) - but didn't know?

fyi - EHICs have different durations in different EU countries. Do yours really only last 1 year at a time? (Seems very short).

Suggest you write to EHIC/health authorities in your country to see if you can get a letter to show you were covered for the missing year/s; (2014).

Have you checked if you had a RC? That will solve the problem in one fell swoop.
&
Last chance, is there any family insurance scheme parents may have had that may have covered you (even with you in UK)?

Otherwise, sadly, you yourself do not appear to have acquired PR yet,

In that case your only solution appears to be to obtain CSI (for both of you, whilst you remain a student) and get your PR clock running again;
ie running for both you & your wife, from now onwards.

When that CSI is in place apply again for wife's RC.

[Vyzla]

Lithuanian health authorities confirmed that I have been covered with EHIC starting in October 2009 up until 31st August, 2016, or the whole duration of my studies.

The confirmation letter will be with me this Friday.

Now should I submit a letter to the caseworker asking for reconsideration (together providing EHIC card, confirmation letter from Lithuanian Health Authorities, and university letters stating my full-time education for 2009-2016 period)?

Or should I appeal/resubmit?

[noajthan]

Lithuanian health authorities confirmed that I have been covered with EHIC starting in October 2009 up until 31st August, 2016, or the whole duration of my studies.

The confirmation letter will be with me this Friday.

Now should I submit a letter to the caseworker asking for reconsideration (together providing EHIC card, confirmation letter from Lithuanian Health Authorities, and university letters stating my full-time education for 2009-2016 period)?

Or should I appeal/resubmit?

Good news. Well done.

Do not lose this vital evidence as it will help you prove you have already acquired PR.

If wife needs RC to work suppose you need to submit the evidence to support that.
The point about having PR is: you don't need to exercise treaty rights anymore.
So I think it means your wife doesn't need CSI cover.

It depends what they need to be persuaded of your claim to have PR such that wife doesn't need CSI.

Ofcourse the letter from Lithuania will not provide cover for your wife.
You will need to do enough to persuade caseworker you have acquired PR already. Therefore your wife doesn't need CSI as you no longer have to exercise treaty rights.
A PR card would ofcourse be simplest.

If you want to fight this refusal then make the case you have PR.
That will need considerable evidence - not just the letter.

See PR form & guidance for an idea of what's required:
https://www.gov.uk/government/publicati ... orm-eea-pr

If she can wait then suggest go for your confirmation of PR card first.
Then shoot for wife's RC.

[Vyzla]

I was advised by HO hotline clerk to re-apply using EEA(FM) application for my wife, but this time to also include my EEA(PR) application.

Considering all that I have read about the matter (various posts on this website and most of the relevant EU directives online) in addition to opinions gathered from various sources (HO and immigration solicitor) re-application including my EEA(PR) claim seems the most reasonable option: my wife already has all the documents for her application (no changes from the first application) and I should be able to obtain the documents pertaining to my EEA(PR) application (EHIC card, letter from the national health authority in Lithuania confirming my insurance during the last 7 years while studying, proof of residence in the past 7 years, and a few utility bills and bank statements) by the end of this week.

Upon resubmission my wife should be issued Confirmation of Application (CoA) letter, which will allow her to continue her current employment and then we just need to wait for 6 months for positive outcome (hopefully!).

Please, let me know if I am missing something in here.

Thanks again for all the help.

[noajthan]

A good diagnosis with excellent prognosis.

Don't forget evidence of relationship & cohabitation will help.

The PR form is a monster;
you could apply on an earlier (simpler) version or even by letter.

Good luck.