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EEA exercising EU treaty rights/comprehensive med insurance

Posted: Wed Jan 13, 2016 3:53 pm
by tetra_16
Hi all,
I've red through most posts but I am still unsure about how to proceed.

I'm an EEA national and have applied for BC without PR (a mistake, most probably) and have now received a letter from HO requesting more documents. Specifically proof of comprehensive medical insurance while I was a student at university (2010-2014).

As many before me, I was unaware of this and did not have insurance - I did request a EHIC card at some point, but I believe I won't be able to find it now (it's been almost 8 years now). Does anyone perhaps know a way around physically having a card - and if it's a letter from my home country, is there a way I can ask for an extension from HO to the deadline which is 2 weeks from now?

I did however have an EEA parent working in the UK at the time - does this count?

I'd appreciate any help at this point. ( I have 2 weeks to send everything to them - or my application and £1000 will go down the drain...) Many thanks in advance

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Wed Jan 13, 2016 4:20 pm
by noajthan
tetra_16 wrote:Hi all,
I've red through most posts but I am still unsure about how to proceed.

I'm an EEA national and have applied for BC without PR (a mistake, most probably) and have now received a letter from HO requesting more documents. Specifically proof of comprehensive medical insurance while I was a student at university (2010-2014).

As many before me, I was unaware of this and did not have insurance - I did request a EHIC card at some point, but I believe I won't be able to find it now (it's been almost 8 years now). Does anyone perhaps know a way around physically having a card - and if it's a letter from my home country, is there a way I can ask for an extension from HO to the deadline which is 2 weeks from now?

I did however have an EEA parent working in the UK at the time - does this count?

I'd appreciate any help at this point. ( I have 2 weeks to send everything to them - or my application and £1000 will go down the drain...) Many thanks in advance
:idea: If parent was exercising treaty rights as a qualified person (& has done so continuously for 5 years) & you were aged under 21 and you were in UK for the same period of 5 years then your parent can be your sponsor.

:arrow: In that case it doesn't matter what you were doing in UK, & it doesn't matter about CSI (assuming parent was not a student).

:idea: Otherwise, if applying in own right, did you have a RC issued to you as a student in or before 2011 :?:

:arrow: if so there is a transitional arrangement you can use.

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

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Wed Jan 13, 2016 4:35 pm
by noajthan
PS Some members have previously reported that they had been covered by virtue of health insurance their parent (in home country) had taken out - it somehow extended to cover dependent children in UK too.

I think the case I recall was from Germany.

It's a longshot but may be worth asking your parent in home country (if any).

However, possession of student RC at the relevant time is more likely to solve your problem.

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Wed Jan 13, 2016 4:38 pm
by tetra_16
noajthan wrote:
tetra_16 wrote:Hi all,
I've red through most posts but I am still unsure about how to proceed.

I'm an EEA national and have applied for BC without PR (a mistake, most probably) and have now received a letter from HO requesting more documents. Specifically proof of comprehensive medical insurance while I was a student at university (2010-2014).

As many before me, I was unaware of this and did not have insurance - I did request a EHIC card at some point, but I believe I won't be able to find it now (it's been almost 8 years now). Does anyone perhaps know a way around physically having a card - and if it's a letter from my home country, is there a way I can ask for an extension from HO to the deadline which is 2 weeks from now?

I did however have an EEA parent working in the UK at the time - does this count?

I'd appreciate any help at this point. ( I have 2 weeks to send everything to them - or my application and £1000 will go down the drain...) Many thanks in advance
:idea: If parent was exercising treaty rights as a qualified person (& has done so continuously for 5 years) & you were aged under 21 and you were in UK for the same period of 5 years then your parent can be your sponsor.

:arrow: In that case it doesn't matter what you were doing in UK, & it doesn't matter about CSI (assuming parent was not a student).

:idea: Otherwise, if applying in own right, did you have a RC issued to you as a student in or before 2011 :?:

:arrow: if so there is a transitional arrangement you can use.

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


Thanks a lot for that. Unfortunately, I think my parents were exercising their treaty rights for 4 years before I was 21, but after that supported me throughout university (and still worked in the UK at that point) which is the period when HO requires CSI. (Is there any way I can prove that - provided it matters?)

And unfortunately I've never had an RC before.

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Wed Jan 13, 2016 4:58 pm
by noajthan
tetra_16 wrote:Thanks a lot for that. Unfortunately, I think my parents were exercising their treaty rights for 4 years before I was 21, but after that supported me throughout university (and still worked in the UK at that point) which is the period when HO requires CSI. (Is there any way I can prove that - provided it matters?)

And unfortunately I've never had an RC before.
Shame about the lack of RC, that would have clinched it.

You will have to apply as a dependent family member then - with parent as your EEA national sponsor.

Parents can still be your sponsor, even age 21+.

For the period you were over 20 (ie 21+) you will have to prove dependency.
Financial dependency is fine if you have the records.

See HO guidance:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- ref page 17+

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Wed Jan 13, 2016 5:52 pm
by LilyLalilu
If you didn't have the actual non UK-EHIC card but held health insurance in your country of origin, it may be worth trying to obtain a letter confirming your level of cover from the health authorities there. This may then satisfy the Home Office.

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Wed Jan 13, 2016 6:55 pm
by Ishjon
Hi, can I please ask you when you have applied?

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Thu Jan 14, 2016 11:45 am
by tetra_16
noajthan wrote:
tetra_16 wrote:Thanks a lot for that. Unfortunately, I think my parents were exercising their treaty rights for 4 years before I was 21, but after that supported me throughout university (and still worked in the UK at that point) which is the period when HO requires CSI. (Is there any way I can prove that - provided it matters?)

And unfortunately I've never had an RC before.
Shame about the lack of RC, that would have clinched it.

You will have to apply as a dependent family member then - with parent as your EEA national sponsor.

Parents can still be your sponsor, even age 21+.

For the period you were over 20 (ie 21+) you will have to prove dependency.
Financial dependency is fine if you have the records.

See HO guidance:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- ref page 17+

Thanks a lot for that - can I still send them documents somehow proving my dependency on my parents - instead of the CSI they are asking for, or would they not accept this now?

LilyLalilu wrote:If you didn't have the actual non UK-EHIC card but held health insurance in your country of origin, it may be worth trying to obtain a letter confirming your level of cover from the health authorities there. This may then satisfy the Home Office.
I only had that one card at some point - I vaguely remember having it, and I have no idea where it is currently (if I still have it). Although still looking.

Ishjon wrote:Hi, can I please ask you when you have applied?
I applied sometime in August - would you say this makes a difference?

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Thu Jan 14, 2016 1:02 pm
by noajthan
tetra_16 wrote:Thanks a lot for that - can I still send them documents somehow proving my dependency on my parents - instead of the CSI they are asking for, or would they not accept this now?

...
If you apply as a dependent of your parent then you don't need to show CSI as, when you are sponsored, it doesn't matter what you have been doing.
Confirmation of your PR depends on your sponsor's activity.

If you have a sponsor all you have to do is prove your dependency (if aged over 21, not for age 20 or less) & the fact that you lived in UK for 5 years;
(plus prove your relationship to your sponsor & your own identity ofcourse).

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Thu Jan 14, 2016 1:17 pm
by tetra_16
noajthan wrote:
tetra_16 wrote:Thanks a lot for that - can I still send them documents somehow proving my dependency on my parents - instead of the CSI they are asking for, or would they not accept this now?

...
If you apply as a dependent of your parent then you don't need to show CSI as, when you are sponsored, it doesn't matter what you have been doing.
Confirmation of your PR depends on your sponsor's activity.

If you have a sponsor all you have to do is prove your dependency (if aged over 21, not for age 20 or less) & the fact that you lived in UK for 5 years;
(plus prove your relationship to your sponsor & your own identity ofcourse).

Sorry, I didn't phrase that well. I applied for citizenship and they are asking for proof of CSI (I didn't know this was needed) - so if instead of sending proof of CSI, I send them proof of being dependent on my parents, will they accept it for my citizenship application? Or will I have to apply again?

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Thu Jan 14, 2016 1:29 pm
by noajthan
tetra_16 wrote:Sorry, I didn't phrase that well. I applied for citizenship and they are asking for proof of CSI (I didn't know this was needed) - so if instead of sending proof of CSI, I send them proof of being dependent on my parents, will they accept it for my citizenship application? Or will I have to apply again?
Let's hope they accept it as it may be only way to retrieve your current situation.
You clearly don't have CSI nor EHIC nor a suitable RC.

The HO is setting themselves up to fail the current application which includes a claim of PR in your own right due to this gap in health cover.

You will now have to demonstrate your settled status (PR) as being acquired through one of your parents...

You will have to include a cogent covering letter & evidence of your parent residing in UK & exercising treaty rights as a qualified person (eg worker) in UK for 5 years.

You will need their passport, your birth certificate, their P60 tax records & etc etc.
Also your passport & evidence of your dependency on your parent since age 21.
(You don't need to show that dependency for the period below age 21).

Have a look at this guidance to see what's required:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Re: EEA exercising EU treaty rights/comprehensive med insura

Posted: Thu Jan 14, 2016 9:22 pm
by noajthan
PS It's a bit of a monster but here's the PR guidance doc.

If you read through (just the appropriate sections) you will find more guidance on the kind of PR-related evidence you will need to provide.

Don't forget you need to leave the caseworker with no doubts & no 'wriggle room' about your circumstances this time.

Ref: https://www.gov.uk/government/uploads/s ... nts_v1.pdf

You get one shot - so best of luck.