EEA 4, HEALTH INSURANCE & RETAINED RIGHTS

Hi

I am in the middle of prepairing my EEA 4 application, on the basis of retained rights of residence. We were married for over 4 years and we lived in the U.K throughout.

Now looking at the EEA4 application I see, they want to know what my wife had been doing throughout this period. I have almost all the documents i.e. bank statements, bills, votes etc.

During these 5 years my wife was self employed, student as well as employed. I was just wondering if she was required to have a comprehensive sickness insurance while she was exercising her treaty rights in certain capacities e.g. student or self employed?

She did have some sort of Health Insurance card from her own country, how would I know if that would be acceptable? Please Advise

For her time as Employed and Self Employed she will be fine if you can show payslips, accountants letters to show Tax and NI was paid.

As a student she might need Insurnace, How long was her insurance valid from her home country?, is the document in english? what level of protection did she have?

immaculatestuff wrote:Hi

I am in the middle of prepairing my EEA 4 application, on the basis of retained rights of residence. We were married for over 4 years and we lived in the U.K throughout.

Now looking at the EEA4 application I see, they want to know what my wife had been doing throughout this period. I have almost all the documents i.e. bank statements, bills, votes etc.

During these 5 years my wife was self employed, student as well as employed. I was just wondering if she was required to have a comprehensive sickness insurance while she was exercising her treaty rights in certain capacities e.g. student or self employed?

She did have some sort of Health Insurance card from her own country, how would I know if that would be acceptable? Please Advise

I have absolutely no idea of the type of health cover and how long it was for.

If I cannot provide details of the health Insurance, would it effect my situation? although we did not claim anything from public funds or NHS. Mind you I am now divorced so asking for her documents is not always that easy and it was her health insurance.

bobobo wrote:For her time as Employed and Self Employed she will be fine if you can show payslips, accountants letters to show Tax and NI was paid.

As a student she might need Insurnace, How long was her insurance valid from her home country?, is the document in english? what level of protection did she have?

immaculatestuff wrote:Hi

I am in the middle of prepairing my EEA 4 application, on the basis of retained rights of residence. We were married for over 4 years and we lived in the U.K throughout.

Now looking at the EEA4 application I see, they want to know what my wife had been doing throughout this period. I have almost all the documents i.e. bank statements, bills, votes etc.

During these 5 years my wife was self employed, student as well as employed. I was just wondering if she was required to have a comprehensive sickness insurance while she was exercising her treaty rights in certain capacities e.g. student or self employed?

She did have some sort of Health Insurance card from her own country, how would I know if that would be acceptable? Please Advise

all i know mate is that once your eu/eea partner stop exercising her treaty rights the clock for pr is reset. there is a 3 yr rule something.. but i still belive you need to show her csi or insurance.. unless you have her ehic card issue from non uk

Well she was studying in the U.K for a year, not sure if that alone translates into exercising treaty rights. As per our understanding she was exercising her treaty right.

I am just not sure about the type of insurance she had and if I will be able to access that information from her.

Punjab wrote:all i know mate is that once your eu/eea partner stop exercising her treaty rights the clock for pr is reset. there is a 3 yr rule something.. but i still belive you need to show her csi or insurance.. unless you have her ehic card issue from non uk

Ideally she shoudl have had Comprehensive Insurance Cover in the UK which would offer a decent amount of cover incase she needed medical attention, especially as she was a student.

Not Sure if the Insurance for her country would be any good at all

immaculatestuff wrote:Well she was studying in the U.K for a year, not sure if that alone translates into exercising treaty rights. As per our understanding she was exercising her treaty right.

I am just not sure about the type of insurance she had and if I will be able to access that information from her.

Punjab wrote:all i know mate is that once your eu/eea partner stop exercising her treaty rights the clock for pr is reset. there is a 3 yr rule something.. but i still belive you need to show her csi or insurance.. unless you have her ehic card issue from non uk

If she did not have a cover? Would she still be exercising her treaty right? and would that make a difference to my PR application?

bobobo wrote:Ideally she shoudl have had Comprehensive Insurance Cover in the UK which would offer a decent amount of cover incase she needed medical attention, especially as she was a student.

Not Sure if the Insurance for her country would be any good at all

immaculatestuff wrote:Well she was studying in the U.K for a year, not sure if that alone translates into exercising treaty rights. As per our understanding she was exercising her treaty right.

I am just not sure about the type of insurance she had and if I will be able to access that information from her.

Punjab wrote:all i know mate is that once your eu/eea partner stop exercising her treaty rights the clock for pr is reset. there is a 3 yr rule something.. but i still belive you need to show her csi or insurance.. unless you have her ehic card issue from non uk

You cannot use form EEA4 as you have yet to reside 5 years in the UK in accordance with the EEA regulations. Except if the marriage lasted for 5 years. Over 4 years of marriage does not equate to 5 years of marriage.

What was your wife doing in the period leading to the divorce being finalised?

Was she Self Employed or a Student, and have you got evidence of this?

If she was a student, or self employed, then you will need comprehensive sickness insurance.

If she was working and she was made redundant, that may be fine, provided you can supply evidence to that effect.

I was married for over 4 years, but now it has been 5 years since we got married. The time I spent here after the marriage has also been spent according to the regulations stated in regulations 10(5).

The marriage lasted over 3 years.
One of the years was spent in the U.K
And we were both working.
Following divorce I have been working.


At the time of divorce she was working, and she had been working for over a year, however just before that she was a student. I am not sure if she had insurance for the student period, would that matter?


My only concern at this stage is the year when she was a student, and if you are considered to be exercising treaty rights if you did not have the insurance?

Obie wrote:You cannot use form EEA4 as you have yet to reside 5 years in the UK in accordance with the EEA regulations. Except if the marriage lasted for 5 years. Over 4 years of marriage does not equate to 5 years of marriage.

What was your wife doing in the period leading to the divorce being finalised?

Was she Self Employed or a Student, and have you got evidence of this?

If she was a student, or self employed, then you will need comprehensive sickness insurance.

If she was working and she was made redundant, that may be fine, provided you can supply evidence to that effect.

If the time of her studies immediately precedes the decree absolute, then you certainly require a CSI, except if she was involuntarily unemployed or she is someone who has secured the right of permanent residence in the UK

I believe all of the above will need to be properly documented, and submitted to the HO for a successful PR application. If you had been in UK under EEA regulations for 5 years.

She had been in permanent employment for a year before the divorce. My divorce was filed in scotland and here they don't have separate decrees; just one divorce.

I have the following to support the application (except for the health insurance information).
-Bank Statements for both of us for all addresses (5 addresses or more).
-Bill for all properties, some in our joint names
-Voter registrations for all properties.
-HMRC Letters
-Accountants Letters
-Car Insurance
-Lease Agreements (Only in my name)
-University Letters.

Might have more once I look into the pile.

Obie wrote:If the time of her studies immediately precedes the decree absolute, then you certainly require a CSI, except if she was involuntarily unemployed or she is someone who has secured the right of permanent residence in the UK

I believe all of the above will need to be properly documented, and submitted to the HO for a successful PR application. If you had been in UK under EEA regulations for 5 years.

Hello,
Need your opinion if you can help Plz,
I am on 5 year Non-EEA family member residency. My spouse is a holder of BC and another EU passports but we choose the route of EEA when we joined. My question is, throughout the 5 years my spouse had been employed (which is fine) and student ( which we did not know that we should have a health insurance for it). Now I applied for naturalization having I spent 5 years in the UK, Would the fact that my spouse was student without insurance give them the right to decline the application. Thanks for your help

batakooji wrote:Hello,
Need your opinion if you can help Plz,
I am on 5 year Non-EEA family member residency. My spouse is a holder of BC and another EU passports but we choose the route of EEA when we joined. My question is, throughout the 5 years my spouse had been employed (which is fine) and student ( which we did not know that we should have a health insurance for it). Now I applied for naturalization having I spent 5 years in the UK, Would the fact that my spouse was student without insurance give them the right to decline the application. Thanks for your help

Was She a full time student or did she work part time during the student period?

If she was a full time student without CSI, there is a chance the application will get refused. A safer approach would be to apply for PR confirmation using form EEA4 and then for BC.