Page 1 of 1
Eea4 refusal for lack of CSI 2006/2007
Posted: Tue May 24, 2011 6:20 pm
by Tkbobo2008
Application refused due lack of Comprehensive sickness insurance for the period my eea spouse was unemployed whilst on vocational course during 2006/2007 period. Problem was we did not register with the job centre as unemployed but did search for work through job centre , job application proofs thereof. Did appealed to A.I.T but dissmissed, now in the stage for going to upper tribunal. But I am of the opinion of re application with a comprehensive insurance policy. I don't know if it will be acceptable for the past years lapses!! Pls, help, your contribution is highly welcomed and vital.
Immigration history:EEa spouse
1. 05/06 - employed
2. 06/07 - unemployed/vocational course with no CSI
3. 07/08 - employed
4. 08/09- employed
5. 09/10 - part employed/self employed
Non eea - 05/10 employed with no gap
Eea4 refusal for lack of CSI 2006/2007
Posted: Tue May 24, 2011 6:38 pm
by Tkbobo2008
Pls , help with ur contribution to my appeal
Posted: Tue May 24, 2011 6:54 pm
by Obie
I believe you will need to exercise a bit more patient regarding the replies.
I am really unsure why your appealed was disallowed.
You claim your wife was employed and that she became unemployed, without specifying whether this was voluntary or involuntary. You said she embarked on vocational course. By virture of this, she would still retain her status as a worker.
The question for the judge is whether or not she meet the condition in regulation 6(2c or 2D), which is whether she was involuntary employed and embarked on a vocational training course or was voluntary employed and embarked on a vocational course related to her job.
If you meet either category, the the period of unemployment does not have the effect of withdrawing her status as a worker. She retains it and hence, there is no requirement for you or your family to hold a comprehensive sickness insurance.
Posted: Tue May 24, 2011 7:11 pm
by Tkbobo2008
Obie , thanks alot may God bless u for ur concern.
My spouse was involuntarily unemployed due to company closure, IJ commentted not evidence to company closure. I don't know if the vocational course ( Office Practice) could be linked to what she did in the past ( Warehouse operative/stock controller)?
Posted: Tue May 24, 2011 7:39 pm
by Obie
If the vocational course cannot be linked to her previous work, then you have to show that she was involuntarily unemployed. Evidence of the company's closure, P45; or any communication she held prior to the termination of her employment will suffice to prove this. Unfortunately comprehensive sickness insurance cannot be backdated
Posted: Tue May 24, 2011 7:41 pm
by Tkbobo2008
How can a vocational course be linked to previous employment?