EEA2 Refusal on Comprehensive Sickness Insurance Grounds

[JoeyStix]

Hi All,

I am an Italian citizen currently studying as the PhD student in the UK. My wife, who is a Turkish citizen, joined me in the UK through an EEA family permit after which we applied for an RC. The application dates are as follows:

App sent:21/2/14
Received:22/2/14
COA received:26/2/14
RC:Refused 17/4/14 (with right of appeal)

The refusal reason, as indicated in the letter is as follows:

"You have provided letters from AXA Health Online as evidence of comprehensive sickness insurance for your EEA national in the United Kingdom. The medical insurance policy documents confirm that your EEA national is only covered under the policy. Therefore, no evidence has been submitted that you have fully comprehensive sickness insurance in the United Kingdom. It is therefore concluded that you have failed to provide sufficient evidence to demonstrate that your EEA family member is currently a qualified person in the United Kingdom as a student as detailed under regulation 6 in relation to the regulation 4 of the immigration (EEA) Regulations 2006."

I had contacted the HO to ask whether it was only necessary for me to have CSI or whether my wife also needed to be covered. The people at HO told me specifically that it was only I who needed to have CSI (which would seem to fit with the regulation). As I understand (and I'm no lawyer), the provision states that I need to prove that I am exercising treaty rights, which I believe I am as I am covered by CSI.

Whatever the case, I would like to know which avenue is best to take next:

1. Appeal the current decision

2. Apply for reconsideration (if so, how does one do so?) with new supporting documents showing my wife is now also covered by CSI

3. Re-submit an application from scratch with new supporting documents

It clearly states in the refusal document that if we appeal, she would be able to remain in the UK until a decision is made. However, I am unsure as to whether she is allowed to stay in the UK if we re-submit the application from scratch, as we have contacted the local immigration team where they have sent her passport (!) and been told she has 30 days to leave the country.

So essentially my questions are:

Will she be allowed to stay in the UK and have working rights if we re-apply?

Is it better to apply for appeal, reconsideration or re-submission?

How does one apply for reconsideration?

Thank you for your help,

Joey.

[JoeyStix]

I would just like to add that I have red the following FAQ posted by Jambo:

QUOTE
Q6: What is CSI and do I need it?

CSI stands for Comprehensive Sickness Insurance and under EEA regulations is required to be held by EEA national who exercise treaty rights as a student and self sufficient. In the case of self-sufficient, CSI should also cover family members.

Workers (employed, self employed) don’t need CSI.

If you are required to hold CSI, the HO would expect you to have a private health insurance or a non-UK EHIC. This has nothing to do with eligibility to NHS services (which every resident in the UK is entitled to) but in order to recognise those periods in order to obtain Permanent Residence under EEA regulations.
ENDQUOTE

And that I am a student with a scholarship covering university AND living expenses.

[Obie]

probably should do both. The caseworker should be aware of the law.

He/she may see sense and overturn the refusal, alternatively, you will have your appeal in process.

[JoeyStix]

Thanks Obie,

Is it possible to do both?
Do you not have to re-send the EEA passport with the appeal as well as the re-submission?

Do you know how one goes about submitting a reconsideration with new supporting documentation (i.e my wife's insurance policy?)

They have also withheld her passport and are threatening deportation. Surely this is illegal as she came in the country with an entry clearance provided by her EEA family permit?

Cheers,

Joey

[Jambo]

The case worker was wrong. As simple as that. Write back to the case worker (if you have his name) and ask for reconsideration as a mistake was made.

[JoeyStix]

Hi Jambo,

Thank you for your reply. I do have the case workers name but they did not provide any contact details (such as e-mail or phone number).

Would you be able to advise me on the best way to contact them?

Could you point me to the clause in the law that states my wife does not need to be covered by CSI if I am?

Thank you,

Joey

[chaoclive]

You could email them via this address: EuropeanOperational@homeoffice.gsi.gov.uk.

If you have a caseworkers name it would be best to mention this in the email with all details pertaining to your case.

Good luck. (Sorry, I don't know about the CSI question).

[Jambo]

Write a letter and send it (signed for / recorded post) to the Liverpool address available on the refusal letter. Provide details of the application (name,DOB, case ID if you have etc) so can link it to the application.

With regards to the CSI then 4(2)(b) only refers to 1(c) (self sufficient) and not 1(d) (student). The caseworker should know the law.

[Jambo]

Also refer the caseworker to the HO internal notice 7/2011 section B.

[JoeyStix]

Thank you Jambo,

I will write to the case worker and see what happens.

It is interesting to see that in the document you sent me it clearly states that in the case of self-sufficiency, the non-EEA family member is required to hold CSI also. However, there is no explicit statement as to whether in the case of a student, the EEA-family member is required to hold CSI.

I hope that the lack of a statement regarding the situation for students is enough grounds for the caseworker to reconsider.

I will let you know how it goes.

Thanks again,

Joey

[JoeyStix]

The plot thickens...

I have contacted a solicitor about this issue and here is his response:

Under Article 7(1)(b) of Directive 2004/38, the UK is allowed to require EEA nationals exercising residence rights in the UK based on self-sufficiency to provide proof of comprehensive sickness insurance cover for themselves and their family members. The same is true for EEA nationals who are exercising a right to reside based solely on being a student (Article 7(1)(c)).

I then dug out the legislation that they quoted (which wasn't easy because it seems to have dissapeared from the europa.eu website) and there is no explicit mention of the EEA-family member requiring CSI:

1. All Union citizens shall have the right of residence on the
territory of another Member State for a period of longer than
three months if they:

(a) are workers or self-employed persons in the host Member
State; or

(b) have sufficient resources for themselves and their family
members not to become a burden on the social assistance
system of the host Member State during their period of
residence and have comprehensive sickness insurance cover
in the host Member State; or

(c) — are enrolled at a private or public establishment, accredited
or financed by the host Member State on the basis
of its legislation or administrative practice, for the principal
purpose of following a course of study, including
vocational training; and

— have comprehensive sickness insurance cover in the
host Member State and assure the relevant national
authority, by means of a declaration or by such equivalent
means as they may choose, that they have sufficient
resources for themselves and their family members not
to become a burden on the social assistance system of
the host Member State during their period of residence;

or

(d) are family members accompanying or joining a Union
citizen who satisfies the conditions referred to in points (a),
(b) or (c).

As far as I understand, Jambo seems to be right, but here I have a lawyer telling me the opposite.
I suppose it depends on how you understand section 1(b) of the legislation. Does "sufficient resources for themselves and their family members" therefore also apply to the CSI cover for the EEA-family member?

I am just posting this to warn other people in a similar situation.

Is there anyone here with legal experience who might be able to tell me whether the lawyer is right or not?

Cheers,

Joey

[Alvaro]

Hi Joey,

I am a student and my partner received a refusal letter for her EEA2 application the 25th Feb on the same basis asking for private insurance for BOTH, her and myself.

HO letter quote: "this is insufficient as it is not UK issued comprehensive sickness insurance and DOES NOT COVER YOURSELF AND YOUR EEA NATIONAL SPONSOR". HO said to me the same by phone.

If it is a matter of interpretation as it was stated previously, well there is nothing really that we can do , but to waste our time in money as I have done so far. I would recomend you to get a HCI which allows you to finish it as soon as you get the RC.

[katarina]

1. All Union citizens shall have the right of residence on the
territory of another Member State for a period of longer than
three months if they:

(a) are workers or self-employed persons in the host Member
State; or

(b) have sufficient resources for themselves and their family
members not to become a burden on the social assistance
system of the host Member State during their period of
residence and have comprehensive sickness insurance cover
in the host Member State; or

(c) — are enrolled at a private or public establishment, accredited
or financed by the host Member State on the basis
of its legislation or administrative practice, for the principal
purpose of following a course of study, including
vocational training; and

— have comprehensive sickness insurance cover in the
host Member State and assure the relevant national
authority, by means of a declaration or by such equivalent
means as they may choose, that they have sufficient
resources for themselves and their family members not
to become a burden on the social assistance system of
the host Member State during their period of residence;

or

(d) are family members accompanying or joining a Union
citizen who satisfies the conditions referred to in points (a),
(b) or (c).

As far as I understand, Jambo seems to be right, but here I have a lawyer telling me the opposite.
I suppose it depends on how you understand section 1(b) of the legislation. Does "sufficient resources for themselves and their family members" therefore also apply to the CSI cover for the EEA-family member?

I am just posting this to warn other people in a similar situation.

Is there anyone here with legal experience who might be able to tell me whether the lawyer is right or not?

Cheers,

Joey

Hello everyone,

I'm posting here because I'm in a similar situation. I am a French national and my husband is Cameroonian. We submitted the application on 23 April and just received the refusal with right to appeal. Because of 2 reasons:

They said:
" You have not provided evidence that your EEA family member hold comprehensive sickness insurance in the UK."
--> I am a student here and I provided as an evidence of CSI my French European Health Insurance Card. Wasn't aware that it is necessary to have a fully CSI from a UK health insurance covering both my partner and I.

"You have not provided evidence by means of declaration or such equivalent means, that your EEA family member has sufficient resources not to become a burden on the social assistance of the UK during period of residence"
--> The account I provided showed that I have £2000 going into my accounts and £2000 going out. So it is considered as insufficient resources not to become a burden on the social assistance in the UK.


Having receiving that, I went straight on AXA health insurance website to get a CSI covering me and my husband. what I am worried about now is that is it considered as a fully comprehensive insurance? Because the case above did provide a CSI from AXA but I did not understand why it was denied. Which kind of insurance should I take then?

Concerning the resources, I have a french saving account that I did not provide showing that I always have around £500 in. I am receiving some money in 2 days and planned to put it in. It would have around £1000 then. What do you think? Would it be sufficient to prove that I have enough resources not to become a burden on the UK benefit system?
They also said "evidence by means of declaration or such equivalent means". Would it mean that a simple letter declaring that I have sufficient resources would have been enough? Should I add that as a supporting document along with my french saving account?

My husband have no longer the right to stay in the UK as his visa ended on 9 April. They kept his passeport.

I am really concerned what we should do now:

As I have additionnal supporting documents, should we appeal ? On which grounds? Should we do a brand new application? They have his passport, can we do it?

"The appeal must be made on one or more of the following grounds:
- that the decision is not in accordance with the immigration rules
- that the decision is unlawful because it racially discriminates against you
- that the decision breacheds rights which you have as a member of an EEA National's family under Community Treaties relating to entry to or residence in the UK
- that a discretion under the immigration rules should have been exercised differently
- that the decision is otherwise not in accordance with the law"

We are planning to speak to a free advisor (hopefully) because the finances are very tight. Have people doing the appeal without any representative has win? On average, how much are the fees for this kind of service? Which organisation can we contact?

Please let us know if anyone has came before this situation or have any advices.

Your help, responses would be much appreciated it is a very tough moment.

[allenboo]

This is interesting - how HO refuse people with health insurance because they feel it is not comprehensive enough