EEA3 Certifificate

[Meggi_83]

Hello everyone,

My issue is about the EEA1 Certificate as a student.

In order to fulfil the HO requirements, I need to submit documents relating to Comprehensive Sickness Insurance.

Does it mean that I have to buy a private insurance to cover my health treatment in the UK ??

I have already been living in the UK for the past 5 years, I do have my P60's, in February 2009 I have started a University, this will end up in 2012, I am a full time student.

In EEA3 application, I do have to submit that I have a Comprehensive Sickness Insurance, does it mean that I have to prove that I do have my own private health insurance, despite the fact that I am entilted to get the NHS treatment anyway???

Does anybody know anything about it ??

Thank you for any replies,

Regards

[datuchi]

Yes, even though u r entitled to NHS, when u r a student u need a PRIVATE insurance. There was an identical discussion below.

http://www.immigrationboards.com/viewtopic.php?t=47252

Hello everyone,

My issue is about the EEA1 Certificate as a student.

In order to fulfil the HO requirements, I need to submit documents relating to Comprehensive Sickness Insurance.

Does it mean that I have to buy a private insurance to cover my health treatment in the UK ??

I have already been living in the UK for the past 5 years, I do have my P60's, in February 2009 I have started a University, this will end up in 2012, I am a full time student.

In EEA3 application, I do have to submit that I have a Comprehensive Sickness Insurance, does it mean that I have to prove that I do have my own private health insurance, despite the fact that I am entilted to get the NHS treatment anyway???

Does anybody know anything about it ??

Thank you for any replies,

Regards

[Meggi_83]

Ok, at least one thing is clear, I do have to buy a Private Insurance Health.
There is another issue that is coming to my mind, I have started my University in February 2009, this is a 3 years degree course till January 2012. How does it work with the Private Health Insurance?. Do I have to cover the whole period from Feb 2009 or does it have to be for the whole 5 years backwards ?? Before Uni, I was a worker and I do have my P60's for the previous years so did not need a Private Health Insurance.
Do I understand everything correctly ??

That Insurance has to be from my country or can it be bought in the UK ??

Thanks a lot,

[datuchi]

U r absolutely correct. While u were a worker, u did not require any private insurance. From when u stop being a worker u will need the insurance, Meggie, for the whole length.
It is a must to obtain UK insurance in order to avoid unnecessary headache.
Good luck!

P.S. If u r working even part-time on the regular basis during ur studies u may be exempt from even this requirement of insurance

Ok, at least one thing is clear, I do have to buy a Private Insurance Health.
There is another issue that is coming to my mind, I have started my University in February 2009, this is a 3 years degree course till January 2012. How does it work with the Private Health Insurance?. Do I have to cover the whole period from Feb 2009 or does it have to be for the whole 5 years backwards ?? Before Uni, I was a worker and I do have my P60's for the previous years so did not need a Private Health Insurance.
Do I understand everything correctly ??

That Insurance has to be from my country or can it be bought in the UK ??

Thanks a lot,

[Obie]

There is a gray area where the medical insurance is concerned, especially in cases where the EEA national holds a medical insurance in another member state.

92 In respect of the application of the principle of proportionality to the facts of the Baumbast case, it must be recalled, first, that it has not been denied that Mr Baumbast has sufficient resources within the meaning of Directive 90/364; second, that he worked and therefore lawfully resided in the host Member State for several years, initially as an employed person and subsequently as a self-employed person; third, that during that period his family also resided in the host Member State and remained there even after his activities as an employed and self-employed person in that State came to an end; fourth, that neither Mr Baumbast nor the members of his family have become burdens on the public finances of the host Member State and, fifth, that both Mr Baumbast and his family have comprehensive sickness insurance in another Member State of the Union.

93 Under those circumstances, to refuse to allow Mr Baumbast to exercise the right of residence which is conferred on him by Article 18(1) EC by virtue of the application of the provisions of Directive 90/364 on the ground that his sickness insurance does not cover the emergency treatment given in the host Member State would amount to a disproportionate interference with the exercise of that right

3.4 Sickness Insurance
Persons must not become a burden on the public finances of the host Member State. In paragraph 93 of Baumbast, the ECJ found that it was disproportionate for a lack of sickness insurance that covered emergency medical treatment within the UK to be a reason for refusing to grant a right of residence on this basis. Furthermore, the law in regard to the NHS prevents us from restricting people from obtaining medical treatment after they have been here for more than 12 months.
Presenting Officers should seek to argue that an EEA national who holds no form of medical insurance is not appropriately covered. Where evidence of medical insurance is produced, it must clearly demonstrate that the EEA national and their families are covered in respect of all pre-existing medical conditions that require medication and/or treatment as well as any treatment that may be required for serious or long-term medical conditions. Any arguments should focus on whether or not the EEA national or their

[Meggi_83]

I was working part time till September 2009 and studying, I do have my P45 and from September I am unemployed, looking for a job.

Does it mean that I have to cover only the period form September 2009 onward ??

And does this Insurance has to be bought in my country or can it be bought in the UK ??

If from my country, I understand that it has to be translated but I do not think they will accept it, won't they ?

[Obie]

Coming to think of it meggie, you do not need a medical insurance at all, provided you had lived in the UK for a period of 5 years, before you resumed studies.

You only need to provide them with evidence up to the 2009 period, showing you have been doing a part time job in the UK.

[Meggi_83]

The thing is that I already have been living in the UK over 5 yrs but cannot prove it properly because for 6 months I was working illegaly, no tax payed.
I am going to apply for a EEA3 in May 2010, backward 5 years from May 2005 I have starded paying tax and Insurance so can easily provide all needed documents.

But in Feb 2009 I reduced my hours of work to part time and starded full time course at Uni.
I was employed till September 2009 and now I am only a full time student. I am looking for a job so hopefully by May 2010 will be employed again.

If I am applying as a student I need to prove that I do have Insurance and need to buy a private one.

I have already applied for a EEA1, relating to comprehensive sickness insurance, I have sent my NI card as well as the NHS health card, they have kept my document for 2 weeks and unfortunately rejected them because I did not have a private insurance.

I went to the Citizien Advice Bureau but they were not able to help me.

So this time I need to make sure I have sent everyrything to fulfill the HO requirements and not to be rejected.

[datuchi]

U c there is this gap between Sep'09 and now, around 3 mths. U could obtain an overseas insurance translated into English, or French as the official language of EU.
Uf u can obtain insurance which is "backdated" from Sep'09 u will avoid possible headache. If u are unable to get a backdated certif of insurance from abroad, my advice is to take one out in the UK, smth like BUPA i think. If u r lucky, they wont make a biggie out of the 3mths' missing. But u really must act asap, by not having insurance and not working u r not exercising treaty rights.
If u did wish not to take out insurance, u must go to yiur local job centre and register as unemployed, seeking work. This way u will be regarded as exercising treaty rights as a worker, while genuinely looking for work, and the requirement of having insurance doesnt apply to u.
U should do either of the 2 asap really.

The thing is that I already have been living in the UK over 5 yrs but cannot prove it properly because for 6 months I was working illegaly, no tax payed.
I am going to apply for a EEA3 in May 2010, backward 5 years from May 2005 I have starded paying tax and Insurance so can easily provide all needed documents.

But in Feb 2009 I reduced my hours of work to part time and starded full time course at Uni.
I was employed till September 2009 and now I am only a full time student. I am looking for a job so hopefully by May 2010 will be employed again.

If I am applying as a student I need to prove that I do have Insurance and need to buy a private one.

I have already applied for a EEA1, relating to comprehensive sickness insurance, I have sent my NI card as well as the NHS health card, they have kept my document for 2 weeks and unfortunately rejected them because I did not have a private insurance.

I went to the Citizien Advice Bureau but they were not able to help me.

So this time I need to make sure I have sent everyrything to fulfill the HO requirements and not to be rejected.

[Obie]

[quote=" Regulation 2006 "]

“Worker or self-employed person who has ceased activityâ€

[datuchi]

Hey Obie, why don't you at least qualify your advice and say that it's only your opinion and weird interpretation!

Sub-paragraph (2)(a) of the section 5 you referred to, which you omitted for some reason, states that she has to have reached the Retirement age for this particular provision to apply.

She is NOT a worker who has CEASED ACTIVITY (through retirement, permanent incapacity etc) but a QUALIFIED PERSON (worker), who is no longer working but still regarded as WORKER (qualified person). There is slight difference to this.

Don't misinterpret stuff pls. Her query is straightforward, why complicate it?



“Qualified personâ€

[Meggi_83]

As soon as I received my P45 I went to Job Centre and registered as an unemployed and claimed jobseeker allowance.

Attending sign in days every 2 weeks. Plus I study full time as well.

When applying for a EEA3 as a Student, I need to buy a private insurance covering the period from September 2009, right?

When I applied for a EEA1 as a student, I have submitted documents fro Uni, bank statements, plus NI card and NHS card. It was rejected due to the fact that I did not send anything relating to my Comprehensive Sickness Insurance.

My question is, if I buy a private insurace, will the HO be satisfied and do not reject my application ??

Or, do I need a private insurance form the day I have started my Uni ??

I've sent many emails to the HO but they are not very helpful at all.

[datuchi]

Well done, that shows how people should use their entitlement. Ok, if u have been looking for work since Sep'09 u DO NOT need insurance as u will be classified as a worker and exercising ur treaty rights under that 6 Regulation i quoted above. U fulfil its requirement, so, what proof can u show for signing up with the job centre? Can u ask them for a letter co fir
ing the date u registered with them? If so, u save urself quite an amount which u would otherwise spend on insurance, and private insurance is expensive in a long run.
Ok, when u apply on EEA1 u dont even need to mention that u r studying. U r a worker exercising treaty rights and currently in involuntary unemployment looking for work and also registered with the JobCentre.

If u r not intending to find a job soon, bear in mind that for your EEA3 application u would need to show u either found work within 6months (although can be longer, not fixed) of ACTIVELY SEEKING employment or otherwise continued to exercise ur treaty rights (as a student or self-sufficient WITH INSURANCE).

Well done again for registering with the JobCentre. U r entitled to the benefts +this is what HO ask for themselves. No need for insurance while registered!

As soon as I received my P45 I went to Job Centre and registered as an unemployed and claimed jobseeker allowance.

Attending sign in days every 2 weeks. Plus I study full time as well.

When applying for a EEA3 as a Student, I need to buy a private insurance covering the period from September 2009, right?

When I applied for a EEA1 as a student, I have submitted documents fro Uni, bank statements, plus NI card and NHS card. It was rejected due to the fact that I did not send anything relating to my Comprehensive Sickness Insurance.

My question is, if I buy a private insurace, will the HO be satisfied and do not reject my application ??

Or, do I need a private insurance form the day I have started my Uni ??

I've sent many emails to the HO but they are not very helpful at all.

[Meggi_83]

the problem is that I cannot apply as a worker.

I am from Poland, so I do have to register with the Worker Registration Scheme and work under the registration certificate continously 12 months.

I did register with the WRS in 2006 but did not work full 12 months, only 10 months. When I changed my job I did not know, neither my employer that I have to register with the WRS once again. So I lost the chance coz I worked there over 2 yrs.

I applied for a EEA1 as a worker in person at Croydon HO last year. Was rejected due to the fact that did not work continously 12 months under the registratio certificate.

I do not want to wait another year and then apply for a EEA1.

The opportunity I have, is only to apply as a student. Exactly in May 2010, I will have proper documents to prove that I was exercising my treaty rights in the UK over 5 yrs.

I already have applied for a EEA1 as a student as well but again was rejected coz did not have a Comprehesive Sikness Insurance.

I know it is quite complicated but I need to make everything clear as much as possible and check if I can and what do the HO wants to fulfil their requirements.

I know there is no other way than buying that private insurance, but does it have to be from day one of my Uni ??

I suppose yes. That would be another problem, where can I buy an insurance a year backward ??? I suppose nowhere .

Thanks for any help

[datuchi]

hmm... this is a problem, the fact that you will obtain EEA1 doesn't mean that you will then obtain a Document Certifying Permanent Residence by applying in 2010 on EEA3. They will ask you on that EEA3 form how you exercised you rights in the past 5 years! In each category they will need to see proof, which you won't have. WRS would be the first thing they'd ask before you can claim you started and continued to exercise your rights in 2005 as a worker.

I think u r a bit confused as to whether you can skip the requirement of having to prove the full 5yrs, by obtaining a residence card through the student route...

U need legal advice on this one maybe they can suggest smth. through practice, but in my opinion the HO will stick to their guns on this one, as you did not comply with the requirement of 12 months continuous employment in 2005.

I don't know if anyone succeeded in obtaining a residence card or PR on the basis of not having WRS card and certificate, but proving employment otherwise. Even if, this would not count as eligible employment under the Worker Registration Scheme. Dunno

the problem is that I cannot apply as a worker.

I am from Poland, so I do have to register with the Worker Registration Scheme and work under the registration certificate continously 12 months.

I did register with the WRS in 2006 but did not work full 12 months, only 10 months. When I changed my job I did not know, neither my employer that I have to register with the WRS once again. So I lost the chance coz I worked there over 2 yrs.

I applied for a EEA1 as a worker in person at Croydon HO last year. Was rejected due to the fact that did not work continously 12 months under the registratio certificate.

I do not want to wait another year and then apply for a EEA1.

The opportunity I have, is only to apply as a student. Exactly in May 2010, I will have proper documents to prove that I was exercising my treaty rights in the UK over 5 yrs.

I already have applied for a EEA1 as a student as well but again was rejected coz did not have a Comprehesive Sikness Insurance.

I know it is quite complicated but I need to make everything clear as much as possible and check if I can and what do the HO wants to fulfil their requirements.

I know there is no other way than buying that private insurance, but does it have to be from day one of my Uni ??

I suppose yes. That would be another problem, where can I buy an insurance a year backward ??? I suppose nowhere .

Thanks for any help

[Meggi_83]

datuchi, could you advise me where to go and to whom to ask to get some help in how to resolve this problem.

None of my friends is able to help me.
Went to CAB but they were not helpful at all.

WRS certificate is only needed if I apply as a worker, when I applied for a EEA1 as a student, they had asked me for a Comprehensive Sickness Insurance. To fulfil this requirament I need to buy a private insurance, the rest of documents I provided was ok. They did not ask for a WRS certificate as I do not need it when applying as a student or self employed. In those two cases the WRS certificate is not required.

On the other hand, my education will be continously till 2012. I can prove I was exercising my treaty rights in the UK by working and studying during the past 5 years.
How I understand this, is that University documents will be more relevant than WRS certifivate as I will apply as a student.

Yes, it is very confusing and to be honest I do not know how to get any information.

If someone is self employed for the period of 5 years, they do not need a WRS certificate to apply for a EEA3.

Same case is with students. And the Uni takes only 3 yeras not 5, that is another thing I am bit confused coz do not know how they count everything.

[datuchi]

Im not saying u cant apply for eea1, of course u can. U will have problems if u wanted to apply for PR in 2010. I will see if i can find an immigration solicitor for u

datuchi, could you advise me where to go and to whom to ask to get some help in how to resolve this problem.

None of my friends is able to help me.
Went to CAB but they were not helpful at all.

WRS certificate is only needed if I apply as a worker, when I applied for a EEA1 as a student, they had asked me for a Comprehensive Sickness Insurance. To fulfil this requirament I need to buy a private insurance, the rest of documents I provided was ok. They did not ask for a WRS certificate as I do not need it when applying as a student or self employed. In those two cases the WRS certificate is not required.

On the other hand, my education will be continously till 2012. I can prove I was exercising my treaty rights in the UK by working and studying during the past 5 years.
How I understand this, is that University documents will be more relevant than WRS certifivate as I will apply as a student.

Yes, it is very confusing and to be honest I do not know how to get any information.

If someone is self employed for the period of 5 years, they do not need a WRS certificate to apply for a EEA3.

Same case is with students. And the Uni takes only 3 yeras not 5, that is another thing I am bit confused coz do not know how they count everything.

[datuchi]

I have sent you a private message with the details of an adviser, check your private messages inbox. My advice is to call them or go and see them in person, obviously you would do that anyway :))

datuchi, could you advise me where to go and to whom to ask to get some help in how to resolve this problem.

[Meggi_83]

datuchi,
thanks so much for your help, very kind of you, maybe they will be able to help in my case, thank u once again

ps. Happy New Year )

[jude]

Meggi_83 As long you are not working part-time you would need full medical insurance for EEA1 . you can call universal provedence.

[Meggi_83]

but I need an Insurance from the day I became unemployed, right ??