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EEA3 Section 3 cannot fill it.Please help
Posted: Sun Jan 22, 2012 10:44 pm
by kimkat90
Dear forum members,
I would really appreciate any help or advice you could give me! Thank you very much in advance!
I am Polish national and lived in UK for the past 5 years.I have 2 kinds and my husband is non-EEA but recently got his indefinite to leave after living legally 10 years in UK.
I want to apply ILR after completing 5 years in UK.Please help me with 2 questions.
1-I can't fill section 3 of EEA3 form.Is this section for me or my non-EEA national or not for us?
2-I have been taking child benefits for past 3 years as we couldn't afford to live on my husband's full time work.Does these benefits effects ILR.
Thank you very much for urgent response.
Aan
Re: EEA3 Section 3 cannot fill it.Please help
Posted: Sun Jan 22, 2012 10:52 pm
by boloney
kimkat90 wrote:Dear forum members,
I would really appreciate any help or advice you could give me! Thank you very much in advance!
I am Polish national and lived in UK for the past 5 years.I have 2 kinds and my husband is non-EEA but recently got his indefinite to leave after living legally 10 years in UK.
I want to apply ILR after completing 5 years in UK.Please help me with 2 questions.
1-I can't fill section 3 of EEA3 form.Is this section for me or my non-EEA national or not for us?
2-I have been taking child benefits for past 3 years as we couldn't afford to live on my husband's full time work.Does these benefits effects ILR.
Thank you very much for urgent response.
Aan
You Have to apply for permanent residence not for ILR.
What did you do last 5 years in the uk, did you work, was you self-sufficent?
If you Lived from your husband money you need csi, do you Have one?
Posted: Sun Jan 22, 2012 10:58 pm
by kimkat90
I started working Aug2006 and have worked till march 2010 and then I deliver baby and could not work due to children responsibilities and health.I depend on my husband's income.
What CSI pls? Can't I send his P60s.
Thanks for your help
comprehensive sickness insurance
Posted: Sun Jan 22, 2012 11:07 pm
by kimkat90
Does CSI means comprehensive sickness insurance then I have got the insurance.
Could you pls help me to fill section 3 of EEA3
EEA3
Posted: Sun Jan 22, 2012 11:09 pm
by nonspecifics
Section 3 does not apply to you. Leave it blank. Same with 4 and 5.
An example of when section 3 would apply : an EEA national who is in the UK with their EEA parent. The parent is exercising treaty rights and the EEA child has lived with their parent for five years as their family member.
If for some reason the parent did not want to apply for PR just now, then the child could apply and they would use section 3 to put their parent's details, as it is the parent who is exercising treaty rights.
Assuming your start of the five years is August 2006 then you can supply proof of your working till you stopped work in March 2010. Thus, you exercised treaty rights as a worker.
For the remainder of the time you can claim to be exercising treaty rights as self-sufficient. For this you need proof of CSI for all family members and proof of sufficient funds.
You can include his P60s as proof of sufficient funds for the time you assert you were self-sufficient.
Strictly speaking a self-sufficient person should not claim public funds at all; this includes child benefit and child tax credits.
I'm not saying you won't qualify for a PR document; you might or you might not depending on how strictly they choose to apply the regulations.
Posted: Sun Jan 22, 2012 11:15 pm
by kimkat90
Thanks very much for your help.
I have 2 children.one is 3 years 1 month old and second one 2 years old.
where would i mention them pls.
Thanks
Posted: Sun Jan 22, 2012 11:23 pm
by kimkat90
I have got European health insurance not CSI.
Does it acceptable ?
PLS HELP
EHIC
Posted: Sun Jan 22, 2012 11:25 pm
by nonspecifics
Yes an Ehic card is acceptable proof of CSI for yourself, as long as it was not issued by the host nation ( UK) and it was valid for the time you claim to be self-sufficient.
Your husband should also have CSI and even the children too, but the gurus on here say UKBA don't insist on CSI for the children.
You don't need to mention the children on the form as they are not providing your funds and they are not applying for PR.
UKBA are supposed to use fairness and proportionality and not just apply the regulations like the Ten Commandments, so you might or might not get PR depending on their exercise of discretion and proportionality.
Posted: Sun Jan 22, 2012 11:27 pm
by kimkat90
Another question pls help.
I can't remember the 2 travel dates back in 2007.
Is it really important or is there anyway we can find out(Travelled by easy jet)
Thanks
Posted: Sun Jan 22, 2012 11:30 pm
by kimkat90
Ehic card was issued in UK and it was valid for the time when I claimed to be self-sufficient.
I applied Ehic card only after I arrived in Uk
EHIC
Posted: Sun Jan 22, 2012 11:36 pm
by nonspecifics
Unfortunately, an EHIC card issued by the host nation cannot be used as proof of CSI in the host nation.
Unless the trips abroad meant you were out of the country more than 6 months in a year, then I wouldn't worry about that.
If you get a strict caseworker who applies the letter of the law exactly then the lack of CSI and possibly the benefits would probably be the main reasons if they did give you a refusal.
Posted: Sun Jan 22, 2012 11:41 pm
by kimkat90
Very shocked to read this.
How would they expect people to know about Ehic while they are in their own country.
Is there any solution or I shouldn't apply.
Thanks
CSI
Posted: Sun Jan 22, 2012 11:49 pm
by nonspecifics
I understand your feelings.
Many people have been caught out by the CSI conditions.
You cannot change the past. What you can do is get CSI now for yourself and your family and then try applying and enclose the CSI certificate.
Then pray and hope for the best that they will overlook the gap in CSI cover by using their discretion.
If they are strict they would refuse a PR document, but that's all. You would not have to worry about it affecting you or your family and your life in the UK.
Posted: Sun Jan 22, 2012 11:57 pm
by kimkat90
I did n't get you pls explain.
How would I apply now.Do I need to go Poland or I can provide the Polish address and apply over the web.
I am resident in UK would they accept new card now?
Thanks very much in advance for great help
Much appreciated
CSI
Posted: Mon Jan 23, 2012 1:18 am
by nonspecifics
You would probably need to get private CSI from an insurance company.
e.g. WPA, BUPA, AVIVA etc etc.
I don't know the Polish rules, but I assume as you are no longer resident there, you would not qualify for a Polish Ehic card.
The alternative is get a part-time job so you can be exempt from the requirement for CSI, as you would be a worker again.
Posted: Mon Jan 23, 2012 9:48 am
by boloney
kimkat90 wrote:I started working Aug2006 and have worked till march 2010 and then I deliver baby and could not work due to children responsibilities and health.I depend on my husband's income.
What CSI pls? Can't I send his P60s.
Thanks for your help
after baby was born did you get maternitY Leave?