Perment residence application refused

[mikepret]

Hi there

I need some advice. I am a South African guy, married to a Lithuanian woman. My application was recently refused based on the following:

1. My wife didnt provide proof of sickness insurance while being a student.
- I'm a bit confused here, she was a fully funded PhD student, which means she basically got a salary every month to study.... I
cant see why she needed sickness insurance.....?
- Also, it states in the Annex that, if an EEA national that applies for permanent residence, is a student, they need sickness
insurance, but she isnt the one applying, I AM...!
- We also didnt provide her bank statements, but nowhere in the application did they ask for it.

2. My wife was a student for the last 4 years, which means she had to give proof of one year's work experience
- we specified that she has worked before becoming a student, but didnt provide proof; BUT nowhere in the application form have
they asked for any proof...! (we do have the proof to give.....

These are the 2 reasons for refusal.....: in the refusal letter, it states that she "Either/OR" needs one, so by the sounds of it they can't refuse the application pure just on the fact that she doesnt have sickness insurance, and it also states that in the Annex, but when I spoke to someone at Home Office, they said it's vital for her to have the insurance......

So, as you can see, I am a bit confused; firstly, why would she need insurance, and second if so, can they refuse my application based just on that...?

I would like to have advice on this please? I want to whether I can reapply for permanent residence without the sickness insurance or if I should apply for a residence card again..... (oh, bare in mind, we've been married for the last 7 years..... )

I hope all this makes sense, and I appreciate your valued input in this. If you need any more info, please dont hesitate to ask.
Kind Regards
Mike

[Obie]

who was the salary coming from? was it from a UK based sponsor?

Was she working for the sponsor in the UK before she commenced her studies?

Does she hold a European Health insurance card issued by Lithuania.