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Hi,

I am Non EU national and hold a RC of a family member of EEA national which was given for 5 years. My wife is Greek national.
This year will be 5 years for our marriage in the UK. I am going to extend my visa but I am confused after researching online about my eligibility to apply either PR or RC again?

I have been employed full time for over 5 years and we never seek a public benefits.
My wife who is EU national was a student for 4 years, afterwards, completed her unpaid internship for a year, currently she is about to start a new job.

I have just found out that EU national should have CSI while she was student.

I would really appreciate if you could advise me:
1. Based on my circumstances which visa category I need to apply - RC again or PR?
2. Will HO may not grant my visa extension because my wife didn't have CSI even though we have never claimed any public recourse?

Many thanks in advance for your valuable advice.
Joe

Applying for another EEA2 RC will be more suitable for you but make sure to buy CSI policy which should be active when sending application.

Hi Sheraz,

Thank you for your quick response. I would still like to clarify further information regarding CSI, if possible.

If EU national (my wife) will be working when I am applying for another EEA2, should we still buy CSI policy?

If yes, does only EU national have to have CSI policy or both EU national and applicant who is non EU national even though non EU national is working currently full time?

Many thanks.

Joe

If the EU national is working then CSI will not be needed at all. CSI only needs when EU national is self sufficient or student.

Hi Sheraz,

Thank you for your response.

When EU national is student and has CSI and her family member who is non EU national is full time employee. Should non EU national have CSI too? In other words, do we both have to have CSI or just EU national while she is student?

My understanding if non EU national is working and paying NI and tax, it is not mandatory to have CSI.

But I would really appreciate your advice and clarification on this matter.

Cheers

Joe

One thing you should keep in mind that your activities are irrelevant even paying taxes rather only your EU national partner's activities will matter which generate your rights under EU legislation.
Usually CSI only need to EU national student although it has been written very trickily in many sources.

I got you.

When I previously applied for my RC in 2010 neither my wife nor I had CSI and I was granted.

But what worries me now, even if we buy joint CSI before I will apply for RC again this year, will HO might refuse my extension as my wife didn't have CSI when she was student (as we didn't know we should have), or will they look at our present circumstances that we both have CSI even though it's just for a few months?

Thank you in advance for your valuable advice and sorry I have been asking too many questions.

Regards

Joe

No. For an eea2 RC application the present treaty rights evidences of EU national will need.

If your wife made a successful application for a residence certificate as a student prior to 20th June 2011, then she would be subject to the transitional provisions for CSIC.

It seems that the government has amended Regulation 4 now so that the family members of EEA students must now have CSI:

Regulation 4 (“worker”, “self-employed person”, “self-sufficient person” and “student”)

2. In regulation 4—

(a)in paragraph (2), after “(1)(c)”, insert “ or (d)”;

The Directive doesn't appear to read that way though.

That said, with the principle of "legal certainty" in Community law, it would be unfair to expect family members of EEA students to have had CSI before the date of the amendment.

I see. i have already made call to Aviva, Axa, WPa and Bupa. I have decided to choose Bupa as their price and CSI terms and condition is more reasonable.

I will buy joint CSI from BUPA tomorrow and next month she will be starting a new job. In August I am planning to apply for RC, finger cross!

My wife didn't apply for Residence Certificate before.

Many thanks for your time and advice.

Best Regards

Joe