Please help understanding EEA4 application

[RusKey]

Hi Everyone,

I wonder if someone can give clear advice regarding my situation and immigration status.

In short, my history is as follows:
• I have Russian citizenship
• September 2004 – student at a university;
• October 2005 – employed, work permit visa for 5 years;
• December 2006 – started to live with my EEA partner;
• May 2007 – married to my EEA partner;
• June 2010 – switched to EEA2 Family Permit.

My wife’s history is as follows:
• March 2005 – student at a college in London;
• September 2006 – student at a university course for BSc;
• September 2007 – gap year, supported by my funds;
• September 2008 – returned to the university;
• October 2008 – commenced P/T employment;
• November 2008 – applied for WRS certificate;
• January 2009 – received WRS certificate;
• February 2010 – obtained EEA1 Registration certificate;
• July 2010 – graduated, continued working P&F/T;
• December 2010 – switched employment;
• January 2010 – switched employment;

I am now opting for EEA4 application on the basis of my wife exercising treaty rights since September 2006 at least and us being together since December 2006 (or May 2007 when married).

It was not that bad so far, but I contacted HO today (not for the first time related to my application) and received a very BAD NEWS that, as my wife applied for the WRS certificate only in November 2008, the two previous years will not count towards my 5 years eligibility term.

This news is so contradictory to what I’ve learned from all guidance notes available online and from solicitors’ advices.

Can anyone please comment or give an advice? Do I have to wait for another two years?

I will be very thankful for your help, opinion or reference.

Thank you in advance.

Regards,

Ruslan

[Jambo]

It will not be the first time the HO gave inaccurate information over the phone.

Did you explain to them that she was a student / self sufficient in those two years and hence did not require WRS? There is a reason for the "W" in the acronym -it was only applicable to workers.

I believe you could meet the 5 years residence in May 2012.

[EUsmileWEallsmile]

The gap year might be a problem - did you have Comprehensive Sickness Insurance?

[RusKey]

It will not be the first time the HO gave inaccurate information over the phone.

Did you explain to them that she was a student / self sufficient in those two years and hence did not require WRS? There is a reason for the "W" in the acronym -it was only applicable to workers.

I believe you could meet the 5 years residence in May 2012.

Great thanks for your reply.

Yes I did.

The officer told me that, as my wife is Estonian and Estonia is an A8 member state who joined the EU in 2004, the fact that she was a student in 2006-2008 prior to the WRS application is not accountable as exercising treaty rights enabling my eligibility earlier than 2014.

Increadible interpretation, isn't it? Is it really like that?

Thanks in advance.

Ruslan

[RusKey]

The gap year might be a problem - did you have Comprehensive Sickness Insurance?

Thank you.

I've learned from this forum that not many strugglers, if no one at all, could ever forsee the neccessity of CSI at time. Neither did I.

I defenitely had no SCI in 2007-2008.

My wife could, as she had some kind of obligations, like scholarship for the university etc. But I know that she had a replacement EHIC (european health insurance card) later in 2008 and the new card was not covering 2007-2008. Unfortunately, I do not have a recourse for the earlier EHIC and I hope I could have a copy of such from my Subject Access Request, which is currently being handled by HO.

I will appreciate your time and any comments on the above.

Thanks in advance.

Regards,

Ruslan