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Hi, URGENT advice needed please for an ex-colleague. Non-EEA person (the husband) has applied for UK residence card while living with his wife (EEA) on a family permit here. They moved to UK in January. He has been working solidly since January they are renting a house and surviving on his income alone - she unexpectedly became pregnant shortly after arrival and whilst has been looking for work and attended interviews is now 39 weeks pregnant and physically unable to work. His application has been refused as the wife has 'failed to prove she is a qualified person' as she has 'failed to prove she has a genuine chance of being engaged' and he has been told on one letter to make arrangements to leave the UK, but on others that they can appeal but before Weds 6th Oct, OR make an FLR(M) or (O) application, OR, demonstrate he has a right to reside and therefore would not have to leave. My questions - what is the quickest and most likely successful option. Will anything be possible before next Weds deadline? Can they prove self-sufficiency Reg 4(1)(c) on his income alone to avoid her having to prove she is qualified Will he be forced to leave even though she is due to have her baby any day? So many questions - I have no answers and they have asked me to help. I hope I have described it correctly. Thank you in anticipation of someone reading and helping ASAP.

He needs to get a Comprehensive Sickness insurance, and together with that his payslip, and putting a representation, and a paper appeal, and hopefully, that may be a quicker options for him.

He need not worry about being removed.

As long as they have comprehensive sickness insurance for the family the non EEA income can be used as proof of self sufficiency.

Thank you for your replies. Where do they arrange that cover as I do not think they have any at the moment? Also how much will it cost per month roughly? When they have arranged the cover, do they follow the appeal route or another application of some sort?
Thank you.

It may well be the case that the Home Office may be wrong in refusing the application, if she was genuinely seeking employment, and cease doing so, due to the effect of the late stages of pregnancy, she may well have retained some form of Status under EU law.

Therefore that will be one basis of challenging there decision.

At 39 weeks of pregnancy, refusing on the basis that compelling reason was not provided, is a gross disregard for EU law.

Any CSI may be okay.

Thank Obie, however I do not know what you mean by CSI? Would EHIC card be enough?

It is usually private medical insurance that is required for self-sufficient person as opposed to student.

I believe the Home Office mat be wrong if you provided evidence that she was seeking work up to the late stages of her pregnancy .

You may find this article by Freemovement helpful

https://www.freemovement.org.uk/compreh ... -needs-it/

Note: Comprehensive Sickness Insurance (CSI) is a requirement for EEA citizens who are self-sufficient or studying.

"The main categories of EEA citizen who qualify for a right of residence are:
Workers
Self employed persons
Self sufficient persons with comprehensive sickness insurance
Students with comprehensive sickness insurance"

AND

The family members of self sufficient persons and students will also need comprehensive sickness insurance to qualify for their own right of residence.

Obie, I am not sure how many weeks she was when she stopped looking so I don't think they can challenge that. At the time her application was sent she was pregnant but was still looking for employment and had been offered a post elsewhere, however her husbands job was priority so they stayed where they had settled and turned down her job offer. She was then so clearly pregnant that no employer would take her on anyway.

I am not sure they can afford private CSI - the HO suggested they get a free EHIC card? Is that wrong advice then?

Also, Casa - thank you. I did spot that the other night.

oop wrote:Obie, I am not sure how many weeks she was when she stopped looking so I don't think they can challenge that. At the time her application was sent she was pregnant but was still looking for employment and had been offered a post elsewhere, however her husbands job was priority so they stayed where they had settled and turned down her job offer. She was then so clearly pregnant that no employer would take her on anyway.

I am not sure they can afford private CSI - the HO suggested they get a free EHIC card? Is that wrong advice then?

Also, Casa - thank you. I did spot that the other night.

Ref EHIC card. See point 2 & 3 in the Freemovement link I posted for you.
2. Use a European Health Insurance Card
3. Prove you are protected by reciprocal arrangements with your home EEA country

An EHIC won't cover any family dependents.

Her home is Lithuania, his is Ukraine but he also held a Lithuanian residency card before coming to the UK. Will EHIC still be OK? How can they 'prove' reciprocal protection?
Thank you for your continued advice.