Page 1 of 1

new eea3 form

Posted: Mon Jun 20, 2011 2:57 pm
by Punjab
Guys have a look

You must provide either a private comprehensive sickness insurance policy document that covered for medical treatment in the majority of circumstances, or a European Health Insurance Card (EHIC) that covered the 5-year period of residence in the UK.

Does this means you don't need to have comprehensive sickness??

Posted: Mon Jun 20, 2011 6:06 pm
by Jambo
From Annex A in the new guidelines
A. Acceptable evidence of CSI
1.
From 20th June 2011 applications from EEA nationals applying for documentation confirming their right to reside in the UK as a student or self-sufficient person must show that they have one of the following forms of evidence in order to demonstrate comprehensive sickness insurance:
• A comprehensive insurance policy document confirming that the applicant has private medical insurance. A proportionate approach should be taken when considering what is ‘comprehensive’. For example, a policy may contain certain exemptions but if the applicant is covered by the policy for medical treatment in the majority of circumstances then this will be sufficient.
• For persons temporarily in the UK, a valid European Health Insurance Card (EHIC). The EHIC is the replacement for the E111 form.
• In certain circumstances, form S1 (or predecessor form E109 or E121), S2 (or predecessor form E102) or S3 (see below for further information).

B. Use of EHIC as evidence of comprehensive sickness insurance

2. The addition of the EHIC as a valid form of comprehensive sickness insurance follows consultation and negotiation with other government departments. Where an applicant presents a valid EHIC with their application as evidence of comprehensive sickness insurance then, in accordance with Department of Health guidelines, we can accept this as meeting the comprehensive sickness insurance requirement but only where they are resident in the UK on a temporary basis.

3. One way an applicant can demonstrate that they are temporarily resident in the UK by providing a ‘statement of intent’ with their application. The statement may include a declaration that the EEA national has a number of property and/or business interests in their home country to which they intend to return to. Alternatively they may provide details of their family ties in their home country and evidence of visits home. Any statement should be signed and dated by the applicant and assessed on its individual merits.
4. The EEA forms 1 and 2 will change with effect from 20th June to incorporate a section requesting a statement of intent from those
applicants seeking to rely on the EHIC as a form of comprehensive sickness insurance. Where an application is made but the person does not use the new form or has not used any form, this will require the caseworker to request a statement of intent in writing from the applicant unless it is otherwise clear from the information provided that the applicant is in the UK temporarily. An example of this may be where a student’s course is of a limited duration and s/he has a provisional job offer in their home country.

5. A statement of intent is not required for persons applying for permanent residence. As such, this is not included on the EEA 3 or EEA 4 form. This is because caseworkers must now determine whether the applicant has already acquired a right of permanent residence and a person’s intentions for the future are, therefore, irrelevant. In these circumstances, it will be sufficient for caseworkers to accept evidence that the applicant has had an EHIC for the duration of his/her five year period of residence.

6. The following forms of evidence remain unacceptable as evidence of comprehensive sickness insurance:
• Cash back health schemes such as dental/optical/prescription charges.
• Reliance on access to the UK’s National Health Service (NHS). This does not constitute comprehensive sickness insurance for the purposes of the Regulations, including for students.
So I guess this means that you need to have a EHIC from another EEA state. Not the UK. Also, it will need to cover your years of residence. Applying now for one will not help to cover previous years.

Posted: Mon Jun 20, 2011 7:27 pm
by Directive/2004/38/EC
A proportionate approach should be taken when considering what is ‘comprehensive’. For example, a policy may contain certain exemptions but if the applicant is covered by the policy for medical treatment in the majority of circumstances then this will be sufficient.
It is going to be hard for them to square this with the statement that NHS cover is not acceptable (for people who qualify for it).

Posted: Mon Jun 20, 2011 7:55 pm
by alekos
As far as I understand, the only change affecting those living here permanently is the requirement to have CSI for EEA Nationals exercising treaty rights as students and/or self-employed.

Am I right in assuming this conclusion?

Posted: Mon Jun 20, 2011 8:50 pm
by Jambo
alekos wrote:as students and/or self-employed.
It's students and self-sufficient not self-employed.

There are no changes from before. Just a clearer process and requirements from UKBA.

Please note that if you have received a residence certificate (EEA1) as a student before today, they will waive the requirement for CSI when applying for PR in future. See Annex B Comprehensive sickness insurance – Transitional arrangements for students

Posted: Tue Jun 21, 2011 3:43 pm
by Punjab
Hi Mate I have a question

So lets say ( like in my case)

My wife and me came to this country on 16th Dec 2006 and we married on 19th Dec2006. But she got work in Jan 7th 2007 till Jan 7th 2008 and then no work for 40 days. But during this period she had WRS+EEA1 the blue card for EU national.

Will she still have to show insurance for these1-2 months when she had no work.

Now we don't have CSI. So can we apply in Feb 2012 insted of Dec 2011 when she completed her 5 years?

Many thanks for your help.

Posted: Tue Jun 21, 2011 4:47 pm
by Directive/2004/38/EC
You do not need to show CSI if the EEA is a worker or a job seeker. 40 days is pretty quick to find a new job!

Posted: Tue Jun 21, 2011 4:54 pm
by Jambo
I presume she worked during the 5 years apart of that short period and I assume she was looking for a job during that time. A job seeker is considered exercising treaty rights and doesn't need CSI. I would be very surprised if the HO deny PR based on such a short period without a CSI (especially as a job seeker you don't need it).
I suggest you try and apply at the earlier date. When detailing your wife history, just put job seeker during that period. Worse case, they reject and you apply again. It will only cost you the postage (and being without passports for a few weeks).

Posted: Tue Jun 21, 2011 5:00 pm
by 86ti
Already answered here and here.

Posted: Tue Jun 21, 2011 5:01 pm
by Directive/2004/38/EC
Jambo wrote:I would be very surprised if the HO deny PR based on such a short period without a CSI (especially as a job seeker you don't need it).
I suggest you try and apply at the earlier date. When detailing your wife history, just put job seeker during that period. Worse case, they reject and you apply again. It will only cost you the postage (and being without passports for a few weeks).
I would also be very very surprised if they reject the PR application for a short period between jobs. If that ever happened, I would definitely appeal. You are sure to then win the appeal.

thanks

Posted: Wed Jun 22, 2011 3:45 pm
by Punjab
Dear All,
Thanks for your valuable help.

I will apply in Jan2012 and I will waite and see what will happen.
The only bad thing is that i don't have any emails which shows that my wife was looking for work when she was not having a job.
We did all correspondencewith phone and wenever registerd with Job centre etc

So finger crossed

Thanks again guys.