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sending second application of EEA Residence Card

Posted: Tue Nov 13, 2012 1:08 am
by beyazite
Hi Everyone,

I have been just informed that the Home office rejected my application form for residence card as non-EEA family member of EEA national. The reason for the refusal was that my husband (EEA national) failed to provide comprehensive sickness insurance which is required from EEA nationals who is a student despite he has got NHS number, plus EHIC, and has been leaving in London for almost 10 years.

We decided not to appeal because the absent of legal ground, but rather send further application since his circumstances have changed. He is now self-employment.

We are wondering whether anybody has sent a second application rather than appeal because of changing circumstances. Also I will be happy if someone knows about the success of second applicaton.

Posted: Tue Nov 13, 2012 6:30 am
by Jambo
Under EEA regulation, the Residence Card is just a confirmation of your rights. If you prove you are living under the regulations, you previous refusals don't matter.

When using EHIC as CSI (insurance), the EHIC needs to be a non-UK one. Did he produce a non-UK EHIC?

If he has been living in the UK for so long, he might have obtained a PR status. What did he do during the 10 years? Did he (or one of his parents if he was under 21) work for a continuous period of 5 years in the past? He might be better applying for EEA3 (PR Confirmation) together with your EEA2 (Residence Card) application.

Posted: Tue Nov 13, 2012 8:44 am
by Directive/2004/38/EC
Good point Jambo!