Health Insurance and EEA(QP)

[true_007]

I m trying to apply for a registration certificate as a
European Economic Area (EEA) national. Only health insurance we had was European Health Insurance Card (EHIC) issued by UK as we are living here for a while. While the application says they only accept EHIC issued by other EU country plus have to write statement of intent that you don't intend to stay in UK ( which we do). So do I not qualify for this certificate because I never had any other health insurance? WiIl this insurance be useless if we want to apply for permanent residence?
I think they changed this because this was not an issue previously?
Regards,
A.S.

[noajthan]

I m trying to apply for a registration certificate as a
European Economic Area (EEA) national. Only health insurance we had was European Health Insurance Card (EHIC) issued by UK as we are living here for a while. While the application says they only accept EHIC issued by other EU country plus have to write statement of intent that you don't intend to stay in UK ( which we do). So do I not qualify for this certificate because I never had any other health insurance? WiIl this insurance be useless if we want to apply for permanent residence?
I think they changed this because this was not an issue previously?
Regards,
A.S.

You are correct, a UK-issued EHIC is no use for immigration purposes.

Have you been a student or self-sufficient person here in UK; is that why you believe you need CSI/EHIC?

[true_007]

Hello, thank you for reply.. Yes its self-sufficiency. So without the health insurance I can't apply on this basis? What about permanent residence? All 5 years will be of no use just because of health insurance? Will I have to start 5 years again..

[noajthan]

Hello, thank you for reply.. Yes its self-sufficiency. So without the health insurance I can't apply on this basis? What about permanent residence? All 5 years will be of no use just because of health insurance? Will I have to start 5 years again..

Correct. An EEA national exercising treaty rights as a self-sufficient person requires CSI.
Otherwise (& unfortunately) their PR clock will have stopped for that period of time.

The PR clock restarts when the person (EEA national) becomes a qualified person again.
Yes, 5 years of continuously exercising treaty rights is required in order to acquire PR.

Do you have an EEA national spouse/partner who could be your sponsor?

See HO guidance on these matters:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[true_007]

actually its a parent who is retired and lives with grown up children that provide free accommodation, food and cash. can they be his sponsors?

[noajthan]

actually its a parent who is retired and lives with grown up children that provide free accommodation, food and cash. can they be his sponsors?

Who are EEA national/s here?
Which are the possible sponsor/s & what do they do? (in terms of treaty rights)

What nationality is parent?
If non-EEA how long has dependency been established?
In UK only or abroad too?

Who is the RC for? you or parent or both?
Or is it confirmation of PR you/someone is applying for?

[true_007]

actually its a parent who is retired and lives with grown up children that provide free accommodation, food and cash. can they be his sponsors?

Who are EEA national/s here?
Which are the possible sponsor/s & what do they do? (in terms of treaty rights)

What nationality is parent?
If non-EEA how long has dependency been established?
In UK only or abroad too?

Who is the RC for? you or parent or both?
Or is it confirmation of PR you/someone is applying for?

Both parent and "child" (30yo) EEA nationals lived in UK for the past 4 years. Child has been continuously working for the past 4 years in UK with the parent in same house, where child paid all the bills and food and provided for the parent. RC for the "self-sufficient" parent. Applying for myself parent.

[noajthan]

Both parent and "child" (30yo) EEA nationals lived in UK for the past 4 years. Child has been continuously working for the past 4 years in UK with the parent in same house, where child paid all the bills and food and provided for the parent. RC for the "self-sufficient" parent. Applying for myself parent.

I think I've gotit, here goes...
The 'child' EEA national (30 years) old is a qualified person exercising treaty rights as a worker. (I think that's you).
That's all good - no CSI required by workers.

Parent is a direct family member of EEA ('child') sponsor.
The parent does not need to exercise treaty rights, so does not need to be 'self-sufficient' and therefore does not CSI/EHIC.
The parent does need to demonstrate that they are dependent on their sponsor for their daily needs.

See HO guidance on direct family members (including parents):
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 17+ on dependency

Is the parent an EEA national too or non-EEA?

If sponsor is an A8 national was WRS taken care of ?(only relevant if working in UK up to 2011)

[true_007]

Both parent and "child" (30yo) EEA nationals lived in UK for the past 4 years. Child has been continuously working for the past 4 years in UK with the parent in same house, where child paid all the bills and food and provided for the parent. RC for the "self-sufficient" parent. Applying for myself parent.

I think I've gotit, here goes...
The 'child' EEA national (30 years) old is a qualified person exercising treaty rights as a worker. (I think that's you).
That's all good - no CSI required by workers.

Parent is a direct family member of EEA ('child') sponsor.
The parent does not need to exercise treaty rights, so does not need to be 'self-sufficient' and therefore does not CSI/EHIC.
The parent does need to demonstrate that they are dependent on their sponsor for their daily needs.

See HO guidance on direct family members (including parents):
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 17+ on dependency

Is the parent an EEA national too or non-EEA?

If sponsor is an A8 national was WRS taken care of ?(only relevant if working in UK up to 2011)

Thank you for your help. I did not know about sponsoring much. I've read the guidance now. Yes I have WRS,(but I do not have UK permanent residence only registration certificate), but the parent (A8 national too) came to live with us in 2012 (has not been abroad since for more than 2 weeks). The pension parent receives is from A8 country, that is their only income, and is not sufficient to cover living costs in UK(or even back home). I did transfer funds monthly to parent bank account for their needs (shopping, petrol, leisure etc). Also the parent is signed on every letting agreement for the past 4 years and few bills.
So can they apply for as my dependant for registration certificate as a
European Economic Area (EEA) national?
And will they be able to apply for permanent residence as my dependent (when they will be living here continuously for 5 years. And no health insurance will be needed?

[noajthan]

Thank you for your help. I did not know about sponsoring much. I've read the guidance now. Yes I have WRS,(but I do not have UK permanent residence only registration certificate), but the parent (A8 national too) came to live with us in 2012 (has not been abroad since for more than 2 weeks). The pension parent receives is from A8 country, that is their only income, and is not sufficient to cover living costs in UK(or even back home). I did transfer funds monthly to parent bank account for their needs (shopping, petrol, leisure etc). Also the parent is signed on every letting agreement for the past 4 years and few bills.
So can they apply for as my dependant for registration certificate as a
European Economic Area (EEA) national?
And will they be able to apply for permanent residence as my dependent (when they will be living here continuously for 5 years. And no health insurance will be needed?

You have had the foresight to organise everything well.
Good that you have sorted out WRS properly, sadly that catches a lot of good hard-working people out.

I think the answer to each of your questions is:yes.

Parent appears to be dependent.

You don't actually need a long history of dependency according to case law of 'Pedro' (which appears to apply as parent is from EEA).
But the history you have can only help as long as you have all documentary supporting evidence.

Yes, apply for r-certificate with parent as dependent.

After 5 years of you exercising rights and parent residing in UK you should both acquire PR.

If you started in 2012 that could be as soon as 2017.
But no harm shooting for the optional RC in the meantime.

And no, no messing about with CSI is required; as you are a taxpayer you pay for healthcare that way.

[true_007]

Thanks, one more question. If savings of parent would affect the application, they only asking for actual income, so I am a bit confused. plus savings was given to their account by me.

[noajthan]

Thanks, one more question. If savings of parent would affect the application, they only asking for actual income, so I am a bit confused. plus savings was given to their account by me.

Such a case is not means-tested.

The test is whether the parent relies on you for essential needs (for example: food, utilities etc).
If you can show that then (my understanding is) they are dependent.
Note A dependent applicant may have another source of funds too.

As the applicant (your parent) is an EEA national, case law of Pedro has determined it is dependency in the here and now that is the crux of the matter;
ie dependency as a 'matter of fact' now, in the present.

See https://www.gov.uk/government/uploads/s ... w_v2_0.pdf
- ref page 49

So there is no need to demonstrate a long-running historical dependency, (but if you can then surely it could only help).

[true_007]

Thank you very much for your help.