EEA3 and CSI

[yagulnaz]

Hello everyone!

I hope you can help me understand the Home Office.
My husband (Belgian) has just received a call from the HO saying that his EEA3 application is rejected because he didn't show CSI for the time when he was a student. Obviously, none of us knew about CSI requirement until today :-0

Short facts:

• Student from October 2007 to December 2012 (PhD);
  EHIC valid from November 2008 to November 2013;
  We got married (I'm non-EU) in September 2012;
  He started job in January 2013;
  For EEA3 we only showed what he was doing from March 2009.

I received my residence permit in October 2013 (had a Tier 2 before).

Questions:
1) Can we appeal HO's decision re his EEA3? EHIC covers all period when he was a student. But they don't seem to accept the EHIC. He didn't plan to stay in the UK permanently until we married, so we could argue that EHIC covered his student years because he was in the UK temporarily. Or not?

2) Does he need to have CSI now when he's working? Personally I'm gutted about requirement for CSI if NHS is as good as they tell us it is.

3) Does this CSI requirement (and lack of CSI in the past) mean I can only apply for my PR after January 2018? And same goes for my husband, presumably.

Basically, is there a way around the CSI requirement?

Thanks

[askmeplz82]

Sorry to hear that !

1. EHIC issued by UK or Belgium ? If Belgium then you can appeal. Do you remember if he send EEA1 application form to UKBA in Oct 2007 to register as a student ?

2. No

3. Depend. first answer 1

[yagulnaz]

1. Most probably by UK but will need to check when docs are returned. He definitely didn't send anything to UKBA before because he was blissfully unaware of immigration woes until he met me.

2. Good, at least that.

3. I guess this means we both can apply for PR at the same time, this same time being 1 Jan 2018 (if UK is still part of EU at that point), provided he is in continuous employment in the UK until that time.

[yagulnaz]

Sorry, another minor question: what are the requirements in terms of PR application in relation to time spent on paternity leave. As I understand it, for my (non-EU) PR they don't care how much I earn, what I do and what I do on maternity leave. But what about my PR application and my husband's PR application if in the next couple of years leading up to PR he spends half a year on paternity leave? Does he need to have the CSI then?

[askmeplz82]

The following documents should be accepted as proof of comprehensive sickness insurance:

- a private health insurance policy – this must include details about what cover you have
- a European Health Insurance Card (EHIC) that has been issued by an EEA Member State other than the UK.

so the short answer If he is not a registered student ( EU national send EEA1 OR BR1 ) to UKBA and EHIC not issued by his home country then UKBA was right to refuse him PR

DO you have family member of an EU national residence card? If yes when did you send it? What documents you showed to prove that he is exercising treaty right in the UK?

He could try to get an official letter/document (from the Belgian health department for example) stating that he was covered under their health insurance. That might convince Home Office. Otherwise, I am afraid that if he have no evidence of csi before Jan 2013, he will have to wait until 01/2018


If as a PhD student your husband received a salary (either from the university or from 3rd party directly), subject to tax and National Insurance then he should be regarded as a worker (meaning no CSI required) during that period as well that's what a forum member saying but i can't comment on this because i don't know


Please check this thread. you may want to read more

http://www.immigrationboards.com/eea-ro ... 88917.html