EEA 4 denied due to no Comprehensive Sickness Insurance

[arielgragnani]

I am hoping someone can shed light on our situation. I am an EEA national currently studying in the UK. My unmarried partner (non-EEA), who was previously on a temporary 5 year residency was refused permanent residency. I have exercised treaty rights throughout the five years both in work and in study. Unfortunately I was unaware that during periods of study I need to have comprehensive sickness insurance to cover both of us. I am now wondering what our options are. Is it possible to reapply for the EEA2 5-year temporary status or is there any way to apply for permanent status if we purchase insurance now? Also, is my partner here illegally now that her temporary residency has expired?

Thank you for any words of advice,

Ariel

[Lucapooka]

I have exercised treaty rights throughout the five years both in work and in study.

But probably not at the same time! The periods of study would have required CSI. It looks like in addition to your partner, you may not be classed as a permanent resident yourself if you did not have this. If you get CSI now you can begin a new residence period that will lead to PR (if you continue to study, otherwise you won't need it if you will be working)

If you are married and exercising rights, your partner is not in the UK illegally, and having the RC is not mandatory but merely a confirmation of her right to reside in the UK with you.

[86ti]

The periods of study would have required CSI.

Not if a registration certificate was issued to the student before June 20, 2011.

[arielgragnani]

Hi Lucapooka,

Thanks for the reply.

So, do you mean that if I get CSI, I could re apply using the EEA2? (Which we did 5 years ago)

As we are not married, I am wondering what the options are, either getting married or re-apply using EEA2.

Should I be concerned that the HO returned our application without commenting my partners expired RC?

[Lucapooka]

86ti.......Yes, but the OP makes no mention that he or she (the EU national) applied for a registration certificate. He or she only mentions that his or her non-EU partner had a residence card


Annex B
Where an application for permanent residence is received on the basis
that the EEA national is a student, but they have never been granted a
registration certificate, then they must show evidence that they have had
comprehensive sickness insurance for the duration of their time spent as
student

[86ti]

The UKBA staff would have seen that in their database anyway.

I felt I should comment on that in case other interested people in similar situations are seeking for a solution to that problem.

[Lucapooka]

Understood. Thanks.

[arielgragnani]

The periods of study would have required CSI.

Not if a registration certificate was issued to the student before June 20, 2011.

Sorry for my ignorance, but what exactly is a registration certificate?

[Lucapooka]

Residence documents for EU Nationals

Although it was not mandatory for you to apply for this, it would have helped your situation over the CSI requirement (at least up to June this year).

[arielgragnani]

Although it was not mandatory for you to apply for this, it would have helped your situation over the CSI requirement (at least up to June this year).

I did apply in 2006 (along with the EEA2) but my document is not called registration certificate, it's called residence permit.

could this be the same document? In which case would this be in my favour seeing as the school year is just beginning now, and I am still currently a student? Could I purchase CSI now and resubmit the EEA4?

[Lucapooka]

When did you and your partner complete five years in the UK? If that date is later than June this year?

[arielgragnani]

When did you and your partner complete five years in the UK? Is that date later than June this year?

We completed the 5 yr. temporary residency September this year. Does that mean that I have effectively been exercising treaty rights until June this year? Would there be enough scope in this case to make an appeal?

Thanks so much for your help.

Just for clarification, my treaty rights were:

2006-08 work full time
2008-present study

[Lucapooka]

In that case I'm afraid the decision to refuse appears to be correct as you switched the type of rights you were exercising but did not re-apply for a RC.

Examples of when the transitional arrangements do not apply include,
but are not limited to, the following:
• EEA nationals who have already been issued with a registration certificate on another basis (for example as a worker) and who then became a student (but who did not reapply for a document confirming this before 20th June will not be treated under these transitional arrangements. Such applicants must show evidence of comprehensive sickness insurance for any time spent in the UK as a student.

[arielgragnani]

Should I then obtain CSI and begin all over again using the EEA2?

Is there any reason they wouldn't issue another 5 year temporary residency?

[Lucapooka]

If you get CSI and apply for another EEA2 there is no reason why they should not issue it if you are still exercising treaty rights. Do bear in mind that neither the registration certificate nor the residence card are mandatory documents so your five year residence period leading to PR will begin when you receive the CSI rather than the RCs

[arielgragnani]

Thank you very much for your time and help!

[arielgragnani]

If you get CSI and apply for another EEA2 there is no reason why they should not issue it if you are still exercising treaty rights. Do bear in mind that neither the registration certificate nor the residence card are mandatory documents so your five year residence period leading to PR will begin when you receive the CSI rather than the RCs

even in the case of an unmarried partner?

[poltrade]

Hi im in same setution same you,we hadnt insurance we were not aware for its ,so plz can you tell what the option they gave you from ukba in the refusal letter for exsample did they told you yo apply again and submit the insurance or did they told you to apply again the eea2 could you clarify this its importany thnx

[arielgragnani]

To my surprise they did not give a time frame and they did not inform what to do next.

Basically they returned our documents stating that " should we wish to re apply, we would need to gather evidence of CSI."

As people in the forum have pointed out, the RC is not mandatory, but I am still confused as to whether that applies in the case of an unmarried partner.

It looks like our only option in this case is to obtain CSI and apply again for RC using the EEA2

[Lucapooka]

The non-EU Residence Card is not mandatory for durable relationship either. But it does mean that you will have to provide evidence of your durable relationship each and every time you are asked. I think it would be very difficult to live and work in the UK without this.

Second point, you can't live in the UK as a student without CSI (having not applied for a registration certificate) but then obtain CSI and expect those five years without this to be considered for PR. Getting CSI will be effective from the time it is obtained rather than retroactively.

" should we wish to re apply, we would need to gather evidence of CSI."

This comment is suggesting that you may have had CSI over the five year period but forgot or omitted to include the evidence in your application. It is not saying that if you obtain CSI now your application for PR based on the previous five years will be accepted.

[arielgragnani]

I am looking at possible CSI policies and there seems to be a considerable discrepancy in prices and services covered.

The most affordable CSI that I found is with WPA at £16,48 per month (covering both my partner and I)

The HO doesn't really specify what sort of covering/plan I would need, is there any reason for them not to accept a basic plan with WPA? Also, I assume that my non - EU partner would need to be added to the policy?

[Lucapooka]

Comprehensive sickness insurance

Insurance that will cover the costs of the majority of medical treatment you may receive in the UK. You may have to show you have this insurance in order to be allowed to live in the UK as an EEA national or their family member. The documents that are accepted as showing you have comprehensive sickness insurance are: a private health insurance policy, a European Health Insurance Card (EHIC) that has been issued by an EEA Member State other than the UK for people temporarily in the UK, or forms S1, S2 and S3. You may have to provide one of these documents when asserting a right of residence in the UK or a combination of these documents (including any previous versions) covering the relevant qualifying period when asserting a permanent right of residence in the UK.