Refusal of EEA1 and EEA3

Hello,
I have submitted my documents for EEA1 and EEA3 on 7th of December. My husband is EU citizen and I am a Vietnamese citizen. While applying for family permit , we didn't have any problem proving that my husband exercise treaty right in UK by being a full time student from 18th of September 2010, but applying for EEA1 the reason for refusal was below:

'In support of your application you submitted a Lithuanian passport, a Vietnamese passport, a marriage certificate and supporting documents (my and my husband's bank statements covering 6 month, Letter from AVIVA health insurance, letter of declaration from both of us and him seperately)

In order to qualify for a residence card an applicant must provide sufficient evidence to demonstrate that their EEA family member is exercising treaty rights in UK as defined under regulation 6 of the Immigration (EEA) Regulatin 2006. You have provided evidence that your EEA national family member is a student and have provided University letter dated 5th of July 2012 stating he is currently in education in UK.

Regulation 4 of the Immigration (EEA) regulation 2006 stipulates that a student must show that he/she:

(i) is enrolled for the principal purpose of following a course of study (including vocational training) at a public or private establishment which is -
(aa) financed from public funds; or
(bb) otherwise recognised by the Secretary of State as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the part of the United Kingdom in which the establishment is located.

Your application and has been considered and the following has been ascertained from the evidence provided

* you haven't provided evidence that your EEA family member holds comprehensive sickness insurance in the UK.

You have submitted letters from an insurance company however you have not showed any evidence that you have paid any premium to demonstrated that your sponsor is currently insured.



I completely disagree with the second reason of refusal,because in my bank statement (wife bank statement) there were payments made for insurance. They didn't even check or there should have been some other way to prove that I have paid for my insurance?
Also I don't really understand what else I should have provided to prove my treaty rights as a student. The letter from the university was exactly the same as the letter I submitted for my wife's family permit. There was no problem with that. The declaration from me that I have sufficient funds not to become a burden in UK was also included.

The refusal letter also stated that my wife now doesn't have any alternative basis of stay in UK so she should make arrangements to leave the country.

I don't know what to do. They didn't return the documents I sent to them (3 passport size photos and letter from insurance) . They made a few mistakes in their refusal letter, basically naming me Latvian citizen,in stead of Lithuanian. I don't really care much , but it's still a mistake.

Please, do you have any suggestions for me and my wife. Have I missed something while applying for EEA1 and EEA3 or an officer was wrong?

I assume you applied for EEA1 and EEA2 (EEA3 is for PR confirmation after living in the UK for 5 years).

From the refusal letter it seems that the only issue is CSI payment. From my reading of the text you provided, the HO are OK with the university letter.

I would write a letter back addressed to the case worker who wrote the refusal asking for reconsideration of your application. In the letter point out where you believe the required information has already been provided in your original application.

Don't worry about the text stating your wife needs to leave the country. That's just standard text in their letter.

As you said that "letter from Aviva health insurance "can you explain what was written in this letter?applicants need to sent certificate of health insurance cover/policy documents,rather then any communication letters.most important thing that,private health insurance should be up to the set standard by the UKBA.we need more information about your Aviva health insurance.

What ever step you decide, you need to do it quick, as the period for appeal is ticking.

This is simply a ridiculous refusal, as the wife had been issued an EEA family permit, on the basis that he is a qualified person.

Try and send a detail response to them, and if they continue, pursue an appeal.

Have you got a European Health insurance card. As a student, i believe it is a wast of money to obtained a CSI from a UK provider.