I am non EEA family member and I have residence card until Jan 2015. I applied in March 2009 so I believe I can apply for PR in March 2014? I have residence card on the basics that my wife is economically self-sufficient. Unfortunately we does not have comprehensive medical coverage for 5 years. However, since 2008 (I was on working holiday visa that time) I am working full-time and supporting family. I know HO argues if we had not Medical insurance then she was not exercising treaty rights in uk however, I got advice from European advice
"Unfortunately your situation appears to be a widespread problem. When the Citizens Directive 2004/38 came into force in 2006, many European countries have used this as a pretext to tighten up their rules on access to healthcare. We understand that the Commission is investigating the situation, but this will take time to resolve the situation. According to the latest information at our disposal, the European Commission is in the process of taking the UK to the EU Court of Justice for breach of the EU rules in respect of the failure to accept NHS cover as proof of comprehensive healthcare insurance:
http://europa.eu/rapid/pressReleasesAct ... =IP/12/417
We understand that access to healthcare in the UK is based upon a requirement that you are residing in the UK. Under the National Health Service Acts, any person who is ordinarily resident in the UK is entitled to free healthcare treatment. In addition, the Overseas Visitors NHS Charges Regulations make it clear that workers of any nationality who are employed in the UK are exempt from the payment of charges for treatment obtained on the NHS.
However, the UK authorities take a restrictive view of the Citizens Directive. They consider that it requires self-sufficient persons to demonstrate that they have had comprehensive healthcare insurance other than the NHS throughout the time of their residence in the UK.
The UK authorities take the view that an EU citizen who does not work and who relies on the NHS for healthcare needs is a burden on the UK’s social assistance system. The UK authorities therefore consider that persons who do not work and rely on the NHS do not have a right to reside in the UK under the Citizens Directive. As a result, the UK authorities are likely to reject your application for a residence card on the basis that your wife does not have comprehensive healthcare insurance cover.
You have informed us that you currently wok but your wife does not. Under the UK National Health Act and associated regulations, the fact that you work for a UK employer means that you are entitled to NHS treatment and so is your wife in her capacity as your family member. Moreover since you pay taxes and national insurance in the UK, we consider that the UK authorities cannot legitimately consider your wife as being a burden on the UK’s social assistance system. [This was made very clear by the ruling of the Court of Appeal in W & X (China) in which Buxton LJ remarked that what matters is whether the citizen and his family members are likely to create “a burden on the taxpayer”. Since you pay taxes in the UK the UKBA cannot legitimately consider that you and your wife constitute a burden on the UK’s public finances.
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Can I apply for PR on the W & X (appeal) basis? Any advice would be very helpful?
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