EEA2 instead of EEA4?

[theuniverse]

Hi, hope someone will be able to advise me on this. My wife is an EEUU citizen and I'm non- EEUU citizen. I already got my residence permit 5 years ago which is about to expire soon, so I was thinking to apply with EEA4, but my wife was a student for 4 years without comprehensive insurance within those 5 years necessary to fulfill treaty rights rule. At the moment she is a job seeker(but not registered with Job Centre) and it's not easy to prove she is looking for work because the employers rarely reply to her. Anyway we were thinking to apply on the basis of me being employed(self-sufficiency) and in this case Health Insurance needs to be purchased (plus we have a kid, so that's for 3 people).
So my questions are:
1. Can I apply with EEA2 again?
2. If yes, how long can I apply before the expiry of my current residence permit?
3. How much do they need to see as earnings/savings to aprove it on the self-sufficiency basis?
4. Can I buy the insurance say today and apply with EEA2 same day?
5. How "old" bank statements can be?
6. Can I do it in person at the HO?

Thanks for any answers even if not all answered! If you think to advise sth else, you are more than welcome! Also, can anyone recommend an affordable Insurance?
Thanks a lot!

[Jambo]

First of all, did you wife apply for Residence Certificate (EEA1) as a student ? If she did and it was before June 2011, the HO will waive the requirements for CSI for a PR application.

As for job seeking status, she can register in a job centre or provide evidence of applications made (email, automated application confirmations etc). She doesn't need to show that employers are responding to every application.

As per your questions:

1. Can I apply with EEA2 again?
2. If yes, how long can I apply before the expiry of my current residence permit?

Yes. You can apply any time you wish. Under EEA regulations, the HO just confirms your status at the time of the application so this can be done whenever you wish. Having or not having a RC is your choice and will not affect your legal status in the UK.

3. How much do they need to see as earnings/savings to aprove it on the self-sufficiency basis?

There is no set figure. You just need to show you will not become burden on the state and that you can live off the money you earn.

4. Can I buy the insurance say today and apply with EEA2 same day?

Yes.

5. How "old" bank statements can be?

3-6 months should be enough.

6. Can I do it in person at the HO?

No. EEA2 application are only available by post.

[Obie]

First of all, did you wife apply for Residence Certificate (EEA1) as a student ? If she did and it was before June 2011, the HO will waive the requirements for CSI for a PR application.

Please can you provide information on this if you can. I have had rumors of this, but i have not seen any official document confirming it.

I know EU national usually hold EU medical card, which covers treatment in another memberstate, provided the EU national holds this for a Period of 5 years as a Student he/she will qualify for PR.

However if she is a Self-Sufficient person, then a local CSI will be required.

As for job seeking status, she can register in a job centre or provide evidence of applications made (email, automated application confirmations etc). She doesn't need to show that employers are responding to every application.

I am not sure this statement is strictly speaking right, in light of the current position, going by the caselaws.

According to settled UK caselaws, if a person did not enter the UK to seek work, but under other capacity, they will not be considered a Jobseeker and exempted from the requirement of being self-sufficient and exempted from having to hold a CSI.

They can only hold this status, if the entered to UK to seek work, and can prove to the decision maker after a period of time, that that have a reasonable chance of securing work.

This is not the case of the OP as far as i know.

Therefore i am not confident your statement/advice is strictly speaking correct. I am in support of such views, it is crazy that a person who entered UK as a Student, successfully finished their course and entered the Job market, should be treated differently from someone who entered for the sole purpose of seeking work. However that is the view of the court.
Hopefully, in the future this matter will be referred to CJEU for guidance.


My question for OP now is, did your wife hold a valid EU Health card during her studies?

For the period you claim she was seeking work, did she hold a CSI ? as she cannot be treated as a worker for this period, but rather a Self -Sufficient person.

[Jambo]

Please can you provide information on this if you can. I have had rumors of this, but i have not seen any official document confirming it.

See "Annex B – Comprehensive sickness insurance – Transitional arrangements for students" at the end of ECI Chapter 6 - Permanent Residence.
Although reading the instructions again, it seems it is only applicable if you have been exercising treaty rights as a student during the full 5 years which is not the case here.

Thanks for your remarks on the job seeker status.

[theuniverse]

Thanks for your replyes!
Since she came to UK in 2004 I think she did apply with EEA1(she received a 3 page blue booklet with her picture in it, but I think it was valid just for a year). And before becoming student she worked for about 2 years. When she became a student she did not apply with EEA1 again. She didn't have a European Health Card during her studies. She didn't have a CSI when looking for work.
Of course the PR would be great, but if not the only choice is EEA2. By the way, do you know if I would be able to apply for PR or ILR on the basis of long- time residence without using my wife's status or it wouldn't work that way?

[Jambo]

Well it seems another EEA2 is your best option. You can also try and apply for PR. There isn't much downside for making the application.

As for long residence, it is a HO discretion if to include the years under EEA regulations or not. In any case, it will still depend on proving your wife exercising treaty rights and having CSI for her student years.

[theuniverse]

Thanks!
I was also initially thinking to apply with EEA4, but my worry is that if unsuccessful, I would have to apply with EEA2 and it would take another half a year to get a responce from HO and I'm not sure if my employer would question my eligibility to work in the UK even though I've been working for them for 5 years...unless there is another legal proof from HO for my employer. Plus I recently read a book from HO saying what kind of proofs are acceptable and I think it always mentioned some kind of ID.
Thanks again!

[theuniverse]

Hi, everyone, after long break one more question came to my mind...the thing is that my wife was working from 2005 to 2007 as a pattern cutter assistant, she became part-time student in 2006 and graduated with a degree in 2010 and the name of the course was sth like Pattern Cutting. So my question is can she put herself not as a student but as a worker for those years of study since it's related to her previous job. And if yes, can she apply only on the basis of those 5 years 2005-2010 without mentioning what her status is at the moment?
Thanks!