Hello everyone,As far as I understand, Jambo seems to be right, but here I have a lawyer telling me the opposite.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).
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
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.
