EEA3 and CSI -- no longer have old EHIC, how to prove?

[ampersand55]

My fiancee is planning to apply for EEA3 at the same time that I apply for EEA2. She has been a student in the UK since 2006, first as a BA, then MPhil and now PhD.

She has not really kept on top of CSI regulations. She is a German national and has a German EHIC, valid until March 2013. She does not have her older EHICs. She threw them away, thinking they were no longer needed. She has German insurance policy statements from the whole period, showing that she was registered under her parents' policy. They are presumably in German language.

Questions:

1. Without the older EHICs, is there any way to prove that she had those, to the satisfaction of the HO?

2. If her older insurance policy documents will work, will it matter that they are not in English, or will they need to be translated?

[ccccp]

CSI requements is for both of you
In order to accept her german SI UKBA need statement of intent she is in UK temporary and intend to comback after course finish.
However for EEA2 you need to show that you and your partner have CSI at the time of application .

[Obie]

CSI is only needed for the EEA national.
Was she issued with a registeration Certificate before.

She could get confirmation that she held a CSI.

[sheraz7]

Ehic is only valid for temporary stay. But as a student still all family members need to cover by csi policy (it can be checked on ukba website where rights & responsibilities of european national written just read the paragraph called EVIDENCE OF COMPREHENSIVE SICKNESS INSURANCE).

[Jambo]

Ehic is only valid for temporary stay. But as a student still all family members need to cover by csi policy (it can be checked on ukba website where rights & responsibilities of european national written just read the paragraph called EVIDENCE OF COMPREHENSIVE SICKNESS INSURANCE).

And what defines "temporary"? If you had a non-UK EHIC for the whole 5 years, that's acceptsble.

For students, only the EEA national needs CSI. The HO website is inaccurate. Read Regulation 4 (2).

[sheraz7]

In regulation 4(2) still its not clear because they discuss clearly about csi to be needed by all family members for self sufficient (1c). But for students (1d) they not clarify it rather they just emphasis on the need of sufficient resources for eea national family not to become burden on benefits.
What it looks like that they just define the mean of eea student just generically.

[ampersand55]

Problem (hopefully) solved: she found all of her old EHICs. Her most recent expires in March 2013. We are going to buy a WPA plan that covers the two of us on Monday, to go with our application in early January.

[Jambo]

In regulation 4(2) still its not clear because they discuss clearly about csi to be needed by all family members for self sufficient (1c). But for students (1d) they not clarify it rather they just emphasis on the need of sufficient resources for eea national family not to become burden on benefits.
What it looks like that they just define the mean of eea student just generically.

If something is not listed as required in the legislation, then it not required.

See also modernised guide. Compare the text for self sufficient (page 27) and student (page 29).

If you claim this is not the case, please provide proof (other than the text in the HO website).

[sheraz7]

Ok. You give me reply that as you saying that csi is only need for eea national not other members. For example if eea national student's family member sick and getting nhs treatment because of not being covered by csi then do you think is this family's resources should be classied as sufficient despite their member/members are still burden. Still in the definition of student the point of self sufficiency is highly imperative.

[Jambo]

Ok. You give me reply that as you saying that csi is only need for eea national not other members. For example if eea national student's family member sick and getting nhs treatment because of not being covered by csi then do you think is this family's resources should be classied as sufficient despite their member/members are still burden. Still in the definition of student the point of self sufficiency is highly imperative.

Your interpretation is interesting but not supported by the regulations. Student family members don't require CSI. Period.

I'll tell you a secret - even if a student or self sufficient person is sick, he can still get treatment from NHS (as any resident in the UK) and this will not affect his immigration status (that's why the whole CSI requirement is in dispute between the UK and the European Commission).

[Jambo]

Problem (hopefully) solved: she found all of her old EHICs. Her most recent expires in March 2013. We are going to buy a WPA plan that covers the two of us on Monday, to go with our application in early January.

Why are you getting CSI?

If she has obtained PR (after 5 years), CSI is not required any more. What she needs to prove for EEA3 is that she had CSI for those 5 years, not that she has it now.

In any case, it is not required for you.

[sheraz7]

Yes jambo its true that a lot of ones are already getting nhs based treatment. But this csi requirement is really very tricky and most interesting the caseworker itself should not have any criteria just discretion.

[ampersand55]

Problem (hopefully) solved: she found all of her old EHICs. Her most recent expires in March 2013. We are going to buy a WPA plan that covers the two of us on Monday, to go with our application in early January.

Why are you getting CSI?

If she has obtained PR (after 5 years), CSI is not required any more. What she needs to prove for EEA3 is that she had CSI for those 5 years, not that she has it now.

In any case, it is not required for you.

Just in case, if for any reason they find fault with her previous coverage and deny her PR. Then I will have to rely on her currently exercising treaty rights as a student and by the time the application is decided in spring or summer 2013, her current German EHIC will have expired. Even if it's overkill, it's not that expensive -- we can afford it, and who knows, maybe it will come in handy if we need some kind of expedited medical treatment in the next year. Even a fairly extensive plan in the UK looks a hell of a lot cheaper than if I was buying basic personal coverage in the States...

[Obie]

To be quite honest, i dont understand what gave the UKBA the authority to demand that the family members of a self- sufficient EEA national should also hold a CSI.

CSI is used in the same context in Article 7(1) C as it is used in 7(1b). The only diffference is that 7(1b) states that the EEA national has to have sufficient resources for their family, which also apply to family members of student, but the EEA national only has to assure the Secretary of State.

I supose the logic behind this provision, is that student stay for a short period, and inorder for such movement to be dignified, they have to have their immediate family with them, in accordance with Recital 5.

Self-Sufficient people are staying for an indefinite period, and they are staying by choice, they are alleging they have sufficient resource, so they have to prove it, i suppose. Student are however not making such assertion, they are simply saying they are student. Requiring them to show sufficient resource might deter them from moving to the memberstate to study, and the rights they have will be illusory. However the memberstate has to sort of ensure they make a declaration, that they will not be a burden.

I suspect the OP's wife will be fine.

[ampersand55]

Any idea how to tell when an EHIC was issued? Doesn't look that's on the card itself, only the expiration date. Her mother found old cards, expiring in 2007, 2011 and she has a current one expiring in 2013. How can we verify that she was continuously covered from 2006 under these series of cards?