When to lodge EEA3 Application?

[Plum70]

An enquiry on behalf of my husband (Swiss):

He moved to the UK in Oct 2004 and

Studied till Oct 2005 then was self sufficient from Oct 2005 - August 2006 (without CSI).

Employed from Sept. 2006 to present.

As he was unable to apply for PR in Oct 09/10 due to lack of CSI, when is the earliest he can apply now?

Was thinking that he may be able to apply this month using the three month initial period where he needn't exercise treaty rights. Or should he be waiting till Sept. 11?

We have doubts - thanks in advance!

[fysicus]

PR does not really give you any practical benefits (EEA citizens who don't have non-EEA family members would probably never bother about it), so I would just wait a bit and apply when the case is obviously straightforward (five years employment, bingo). Or you can apply when you are ready for your EEA4 application, and submit the applications together (to save some hassle).

[Plum70]

Cheers fysicus - I guessed that waiting till Sept. was the more logical option.

EEA/EU nationals may benefit little to nil from obtaining confirmation of PR but for EFTA/Swiss nationals, it is not that simple.

My husband (and I) are concerned that Switzerland's unique but potentially volatile ties to the EU by way of the bilateral agreements, the mounting pressure by Brussels for CH to fully join the EU, and the growing discontent among Swiss (at home and abroad) that this r/ship with the EU is not largely advantageous, is leading to notable speculation that CH should be looking to be independent from the EU.

If this happened, we are not certain where this will leave us in terms of freedom of movement and residency other than in CH, hence why we both want to secure PR as soon as it is due and hopefully naturalise. This would at least allow us to move between CH and the UK (where we have family and friends) should stability in the EU go belly up.

[nonspecifics]

You are worried about lack of Comprehensive Health Insurance (CSI) for the first year of residence in the UK because you are self-sufficient.

The UKBA are finally recognising after many appeals ( Baumbast being the most well known) that other EEA countries' own health insurance schemes can often cover the EEA national when in the UK. In recognition of this, the latest EEA2 and EEA3 forms allow EHIC ( European Health Insurance Card) as proof of CSI.

Maybe you did not apply for a EHIC or the Swiss equivalent, but what is the terms of the Swiss health insurance rules for treatment overseas?

I think each country has its own rules ( separate from the EHIC rules). Some countries cover their citizens for up to three months while abroad, some countries will cover their citizens for up to a year or more, but as I said, you need to check the specific rules for your own country's medical insurance cover for its citizens while abroad.

Of course, EEA Self-sufficient applicants must have CSI for themselves and all family members.

[Punjab]

n recognition of this, the latest EEA2 and EEA3 forms allow EHIC ( European Health Insurance Card) as proof of CSI.

Are you sure mateabout this as I asked the same question and got different answers.

I saw EHIC mentioned in the EEA3-4 forms

but we applied it when we were in the UK. Is it still ok as wedidnt have csi for 30-45 days?

Many Thanks

[Jambo]

Is it still ok as wedidnt have csi for 30-45 days?

Punjab,

Relax. No need to worry. You have asked this question several times in different posts and already got answers from different contributors. As your wife was between jobs (job seeker), there is no need for CSI for both of you.

With regards to the EHIC card, then this refers to one issued by a member state not the one issued by the UK (i.e. proof of medical insurance by the EEA national home country or the EU country you reside before moving to the UK).

[nonspecifics]

The EHIC card is for sickness insurance if you travel abroad to another EEA country. It is not for use in the country from which you obtained it.

For example, if I obtain an EHIC card in the UK as I am a UK resident, it would only be for use in another EEA country such as Spain, if I required health treatment there.

If you are resident in the UK and seeking health care in the UK, then you would normally use the NHS. The NHS has its own rules about who is entitled to NHS care, see here for example: http://www.dh.gov.uk/en/Healthcare/Enti ... /DH_074374

So NHS rules could say you are legally entitled to be an NHS patient, but UKBA could say you shouldn't be an NHS patient.

The problem being the UKBA regard EEA self-sufficient / student applicants ( and their family members) who rely on the NHS for their CSI as being an unreasonable burden, as UKBA regard that as not being self-sufficient.

That applies even if the family members are working and paying National Insurance contributions and taxes to help fund the NHS.

This can lead to the unfair situation that EEA nationals who have EHIC cards issued abroad can use the NHS and be regarded as not being a burden even if they do not pay tax or NI, but family members of self-sufficient EEA nationals - who are helping to fund the NHS by working and paying taxes etc - being regarded as burdens, even if they don't use the NHS that they are paying for, and are legally entitled to use. It is crazy and unfair.

As explained, if someone is temporarily unemployed ( usually less than six months) they are still regarded as a jobseeker and a worker, so they usually do not need to supply proof of CSI.

The requirement for proof of CSI is for those applying as Self-sufficient or students ( and their family members).