EEA3 application and CSI problem

[jibinhe]

Hi, please give us some advice on our situation, we really need some help now.

I am a non-EU national and my wife is a EU national, we are planning to apply for permanent residence, here are our details:

Myself:
Coming UK at 2004 as an exchange student—MSc student from 2005-2007—Working 2007-2008 under PWS visa—Married 2008—PhD student 2008-2012 (with stipend) under EEA family permit—Working as scientist/project manager 2012 to now, under EEA family permit

My wife coming UK at 2006 as worker—Married 2008--BA from 2008 to 2010—gave birth to our son 2009—MA from 2010-2011—not working due to rare and serious illness (she lost vision of one eye due to that, she is a photographer…)

We never had any CSI as we didn’t know it was required until we are planning to apply for EEA3.

So the question is what is the chance for us to get permanent residence? From my understanding, the problem is we never had any CSI so although my wife is in UK for more than 5 years and I for almost 10 years, but the time I spend under EEA family permit doesn’t count?

I am really worried because the leaving EU possibility. My wife’s illness is really rare and hard to manage, the only doctors can do it are from US, UK and Japan. We cannot go US/Japan as medical insurance wouldn’t cover existed conditions. Please help us.

Sincerely
jibinhe

[askmeplz82]

first of all don't worry at all. Signup now with a private health insurance provider before sending EEA3 / EEA4 application ( make sure it include everyone ). Also if possible open a Joint Bank Account. Transfer all your salary , direct debit and use that account to purchase goods online/offline .

so even for any reason your PR application is not successful still they will issue you new 5 years resident card as family member of Self sufficient EEA national if they don't you can apply again EEA2


If home office issued you 5 years resident card without wife holding a CSI as a student then 2008 - 2011 will be considered EEA national excising treaty right without CSI if EEA national was issued registration certificate

Now for 2011 - 2013 exercise treaty right ... this is where it's complicated because .. i am sure it won't be a problem too . I won't advise .. someone who have more knowledge will reply on that


EEA family permit is for someone coming from outside the UK . Your one was EEA family member resident card

yes time spent under EU rule count but still you need to prove EEA national exercise treaty right

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Students issued with a registration certificate before 20 June 2011

If you were not asked to provide evidence of comprehensive sickness insurance, and later apply for permanent residence as a student, your application will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of decision .



Students issued with a registration certificate after 20 June 2011, or never granted a certificate

You will need to provide evidence that you held comprehensive sickness insurance throughout the time you spent as a student.

[jibinhe]

Dear askmeplz82,

Thank you very much for reply.

I do know that I can get 5 years EEA2 with CSI for whole family. The reason I want PR/EEA3 is I am worried about UK leaving EU or start asking EU nationals to pay NHS. My wife's illness has to be controlled by a very expensive drug, we cannot afford it on our own...That is why I want to get the PR asap.

I also know the comments of UKBA regarding "Students issued with a registration certificate before 20 June 2011". What annoy me is that registration certificate was not compulsory when my wife become student, so there was no reason to do so, and UKBA didn't rise CSI requirement until 2011. Could this be accepted as the reason she didn't have CSI?

Also, what if we all get CSI now, would that be accepted for PR/EEA3 purpose?

Thanks

[askmeplz82]

Dear askmeplz82,

Thank you very much for reply.

I do know that I can get 5 years EEA2 with CSI for whole family. The reason I want PR/EEA3 is I am worried about UK leaving EU or start asking EU nationals to pay NHS. My wife's illness has to be controlled by a very expensive drug, we cannot afford it on our own...That is why I want to get the PR asap.

I also know the comments of UKBA regarding "Students issued with a registration certificate before 20 June 2011". What annoy me is that registration certificate was not compulsory when my wife become student, so there was no reason to do so, and UKBA didn't rise CSI requirement until 2011. Could this be accepted as the reason she didn't have CSI?

Also, what if we all get CSI now, would that be accepted for PR/EEA3 purpose?

Thanks

may be you can argue that EEA national Exercising treaty right as a student without registration certificate before and the HOME OFFICE was happy to issue you 5 yrs resident card without that.

CSI now may / may not accept for the purpose of EEA3 application . I think you need a good lawyer who can argue the case with Home office. lets wait for GURU to reply who can give you good advice

[jibinhe]

may be you can argue that EEA national Exercising treaty right as a student without registration certificate before and the HOME OFFICE was happy to issue you 5 yrs resident card without that.

When I applied resident card last time, she was student but also working, so I applied based on she was a worker...

Thanks for the advices.