EEA3 Rejected, please advise

[PeterLilith]

Hello everyone,

first of all, thank you for reading this post, it will be slightly long, but I would really appreciate advice.

my name is Peter and I am on my 9th year living in England. It is my goal to obtain British Citizenship by end of this year, or at least sometime in 2016. I would like to get my Permanent Resident card before applying, as I wouldn't like to lose almost £1,000. Unfortunately I am in bit of a predicament right now and would appreciate advise on how to proceed next.

What happened so far: I did research on how to apply through EEA3 and thought I read all of the documents, so I gathered all supporting documents and send my application in early January. Today I received it back as rejected for multiple reasons; three actually. The first two I can fix easily, I sent work contracts and they wanted payslips as well, I also sent my student loan letters but they wanted bank statements as well. Those I can provide, however, I have difficulty on how to prove comprehensive sickness insurance while I was a student.

I never heard of it before and never thought I needed extra insurance, but after reading into the application much more today, I realized I missed it when I did research the first time.

To understand my situation: I came to England in August 2005 from Czech Republic when I was 14 (turned 15 in September), went to High School for 2 years, then went to college for 2 years, then had a gap year (stayed home) but already had placement in University, which I have finished in 2013. Since November 2013 I have been employed. Since I came to Uk, I lived with my father and have been dependent on him until I started work, but we still live together.

What are my options? If I understand things better now, the way I see it, I have three options. The longest, and the one I want to do the least is to wait until November 2018 when I have been employed for 5 years.

Second option is to re-apply again on my own, I have European Health Insurance Card but unfortunately it was issued in Uk. But I also have old health insurance card from Czech that doesn't have expiry date on it, I'd have to check with my family in Czech if they can find more documents for me and have them translated but I don't feel like it would stand much of a better chance.

The third option, I think this one stands the best chance (unless I have been reading things wrong). My father has been working in UK since he arrived in 2004, he has been self-employed for many years at first (and then just employed) and claimed benefits as single parent (child benefit and tax credit), but paid his NI contributions, did taxes and we were never dependent on the benefits to be a burden to the system. I believe I could apply on the bases of being a family relative of EEA National. My father will have easy time proving his exercising of the treaty rights, and between 2005 and 2010 I was only 14/15 to 19/20 years old, under 21 years so I should class as child by the criteria. If I understand things right, if he is accepted for Permanent Resident, so would I. I am also thinking I might be able to class as child over 21 years old because I had no income while studying at university and was dependent on my father who was employed. All of which I would try to explain in a letter signed by me and my father.

Does anyone have experience with a similar situation? Do you think I have grounds of my application to be successful if I apply with my father? I just don't see how else I can prove that pesky comprehensive sickness insurance

Thank you very much for your time,
Peter

[rosebead]

Yes you can apply for PR confirmation based on being the direct descendant of an EEA citizen. By the sound of it you are PR already. Under 21s do not have to submit proof of dependency on their EEA parent, but descendants aged 21 and over do. You would have to submit 5 years proof of your father exercising Treaty rights in the period before you reached 21. If your father was claiming tax credits or any benefits for that matter whilst employed/self-employed, this does not affect his "worker status" and so he would still be considered as exercising of Treaty rights. If your father already has an EEA3, you can submit that instead of 5 years proof of his exercising Treaty rights.

I'm afraid EHICs only cover you for temporary stays in an EEA country.

[PeterLilith]

Thank you. I feel better about the chances of this time the application being successful. I contacted immigration solicitor too, see if he can help us to put the application together. He also mentioned I could apply to settle in Uk after 10 years legally living her, which will be later this year. That option seems more expensive, but it would be better than waiting for 3 more years for PR card on EEA Treaty rights.

[Jambo]

I would be careful you use that lawyer as he doesn't seem to be familiar with EU rules. If you can't qualify for PR under the EU rules, you won't be able to qualify for ILR under the 10 years rules.