EEA 4 Application

[sadat]

Basically I am going to put EEA4 application and I would like to get some suggestion and advice.

I will be applying on the ground economic self sufficient I do all the required documents but I do not have comprehensive medical insurance for the last five years but I did taken this month, so pls advice me is that my application will be successful.[/b]

[Jambo]

You can't backdate the insurance. It is the actions of the EEA national that matters. If you didn't have the insurance for periods the EEA national was self sufficient, the HO will probably refuse the application.

Is the EEA national self sufficient? Did you apply for Residence Card in the past? When? Was the EEA national self-sufficient then also?

The reason I ask those questions is that CSI has only been a requirement since 2008. If you applied for a RC as self sufficient before 2008, you might be able to argue you should be exempt from CSI (no experience if this would work).

[sadat]

Thanks

We came to UK on 2006 and she(EEA National) was working about 6 months after that she had miscarriage and left the job. I have been working from 2007. Again 2009 she was pregnant and gave still born on 2010. And she was depressed and couldn't go to work. Unfortunately I did not have CSI for the whole period. Is there any other chance I can apply PR.

[thsths]

Basically I am going to put EEA4 application and I would like to get some suggestion and advice.

I will be applying on the ground economic self sufficient I do all the required documents but I do not have comprehensive medical insurance for the last five years but I did taken this month, so pls advice me is that my application will be successful.

Commiserations for your situation - the UKBA is just adding insult to injury.

It is difficult to say. The legal situation is clear: NHS is comprehensive sickness insurance (common sense would come to the same conclusion). http://www.freemovement.org.uk/2012/04/ ... n-warning/

But I think the UKBA is trying to restrict immigration numbers, and they will use any excuse, legal or not, to do that. So my impression is that they may refuse your application, certainly if you argue self sufficient. You can try to document that you (or your partner) were job seeking all the time, and maybe that works.

You have a few other options: either apply for EEA2 again, which should be granted, or to appeal the refusal. Unfortunately the appeal may not be success, or it may take a very long time. You can also complain to the European commission. Finally you can look into national immigration law (not EU law), but that probably requires your partner to be granted PR first.

If you need the documents for work, I would go with another EEA2 application first.

[sadat]

Thanks

I did double check with immigration solicitor they suggested me they will put application on my behalf and it will be chance to get success if not they will appeal thro tribunal and they are 100% confident they win it. What do u think about this so pls suggest me whether I can go ahead with solicitor or to apply EEA2 again.

[Jambo]

they are 100% confident they win it

If they are so confident, are they willing to offer - no win no fee? I suspect not.

I would say that with the current view of the HO, your chances to get a PR are slim. It might change in the future following actions by the European Commission. As suggested, if you require a document as a proof of your right to work, apply for another RC.

[sadat]

Thanks

Is there any chance of applying in the ground of incapable and providing medical report from GP.
And the solicitor are not saying about NO Win No Fee and they want to charge about £2k.

[spike_UK]

Thanks

Is there any chance of applying in the ground of incapable and providing medical report from GP.
And the solicitor are not saying about NO Win No Fee and they want to charge about £2k.

Hi mate, im sorry to say this but like jambo says your chances are slim and if is NO WIN NO FEE you could go for it otherwise, I wouldn't risk 2K+ the stress and waiting time= refuse
Why don't you try some free solicitors like, citizen advice bureau or legal advice centre, I'm doing everything through them and seems to be fine.
Good luck and let us know what you did.