EEA Family Permit - Comprehensive Sickness Insurance?

[eniseg]

Hi everyone,
I had done some research into this topic before and come to the conclusion, that CSI is only necessary for the RESIDENCE CARD of my Australian husband, not for his EEA Family Permit.

On Friday, a solicitor told me that he would need CSI for the EEA Family Permit already, but I can't find any evidence of that on the Home Office's website.

The VAF5-Form (https://www.gov.uk/government/uploads/s ... 0/vaf5.pdf) doesn't even have a question aimed at CSI. The supporting documents list doesn't contain anything.

Our plan was to bring him in on the EEA Family Permit in July or August, and in September he starts his job which offers healthcare for both of us. Then we would lodge the residence card application.

Has anyone here done the EEA Family Permit and Residence Card applications without the help of solicitors, and succeeded?

Kind regards,
Anna & Jake

[CR001]

Assuming you are the EU citizen, how are YOU exercising treaty rights in the UK (if in the UK)?

If you are self sufficient or a student etc, YOU need CSI. It is not a 'pre-requisite' for EEA FM application or a residence card for that matter.

Most people don't use solicitors because most of them are not overly familiar with the basic rules/regulations.

[noajthan]

Hi everyone,
I had done some research into this topic before and come to the conclusion, that CSI is only necessary for the RESIDENCE CARD of my Australian husband, not for his EEA Family Permit.

On Friday, a solicitor told me that he would need CSI for the EEA Family Permit already, but I can't find any evidence of that on the Home Office's website.

The VAF5-Form (https://www.gov.uk/government/uploads/s ... 0/vaf5.pdf) doesn't even have a question aimed at CSI. The supporting documents list doesn't contain anything.

Our plan was to bring him in on the EEA Family Permit in July or August, and in September he starts his job which offers healthcare for both of us. Then we would lodge the residence card application.

Has anyone here done the EEA Family Permit and Residence Card applications without the help of solicitors, and succeeded?

Kind regards,
Anna & Jake

CSI is only needed for an EEA national/qualified person (sponsor) who is self-sufficient or a student (and for their non-EEA family dependents, if any).

Many people apply for these documents without a solicitor or immigration advisor involved.

Are you the EEA sponsor and what category of qualified person will you fall into once in UK and you start to exercise treaty rights?

Are you a dual national? - if so what is your other nationality?

[eniseg]

I am German citizen, my future husband is Australian.

I do have CSI in the form of my EHIC from Germany.

I qualify as a student, I've been at Edinburgh since September 2013.

[noajthan]

I am German citizen, my future husband is Australian.

I do have CSI in the form of my EHIC from Germany.

I qualify as a student, I've been at Edinburgh since September 2013.

EHIC is acceptable if you (currently) have no long term plans to settle in UK. You will need to declare this to HO at various early stages of the EU migration lifecycle.

Ref guidance on this critical matter:
https://www.whatdotheyknow.com/request/ ... issued.pdf
- see D.5.

Hubby will need CSI too (as the dependent of a student).
Suggest you put CSI cover in place for the two of you.

[eniseg]

We do have long-term plans to settle. Our idea was:

Because of my EHIC, German nationality and degree programme, I am a qualified person.
My husband would not need CSI at the point of the EEA Family Permit in June/July.
His job starts September, this job will offer CSI for the both of us. So we will apply for the RC in September.

Does this not work? Does he really need CSI for just the EEA Family Permit?

[noajthan]

We do have long-term plans to settle. Our idea was:

Because of my EHIC, German nationality and degree programme, I am a qualified person.
My husband would not need CSI at the point of the EEA Family Permit in June/July.
His job starts September, this job will offer CSI for the both of us. So we will apply for the RC in September.

Does this not work? Does he really need CSI for just the EEA Family Permit?

No, you do not need CSI for the FP.

You need CSI as you are the sponsor exercising treaty rights as a student.

I do not know if you can use CSI in someone else's name. You will have to find out.
(If you get it wrong your spouse's PR clock will not be running).

[eniseg]

Okay, I have CSI in the form of my EHIC for the family permit. My husband, at that point in time, will not have CSI. I always have had this, and have a letter from my insurance stating my insurance dates.

Once he moves here and starts his job in September, this job includes CSI for him. He can also, for an extra fee, add me into his insurance because I'll be his wife. So then, both of us will have UK-based CSI which should satisfy the HO for the residence card, I hope.

I'm not sure what you mean by 'CSI in someone else's name'?

My main question was: will he need the CSI for the family permit? My understanding is, no he will not need it for the FP, just for the RC. Correct? :/

[noajthan]

Okay, I have CSI in the form of my EHIC for the family permit. My husband, at that point in time, will not have CSI. I always have had this, and have a letter from my insurance stating my insurance dates.

Once he moves here and starts his job in September, this job includes CSI for him. He can also, for an extra fee, add me into his insurance because I'll be his wife. So then, both of us will have UK-based CSI which should satisfy the HO for the residence card, I hope.

I'm not sure what you mean by 'CSI in someone else's name'?

My main question was: will he need the CSI for the family permit? My understanding is, no he will not need it for the FP, just for the RC. Correct? :/

Your husband does not need CSI to enter UK on a FP.
That is all the permit is for.

Once in UK, by virtue of you exercising treaty rights hubby is covered to reside in UK from day one.
A FP does not grant exemption from having CSI if the dependent of a student.
That means if hubby does not have CSI until he starts work then his PR clock will not start until he has such CSI in place.

By 'CSI in someone's else name' I mean a policy held in the name of husband and not held directly by you.
It may be acceptable, I just don't happen to know.

That detail is worth checking as it would be a shame to think PR clock is running then discover it was not;
(as many members' tales of woes will testify it can & does happen).

Note you are assuming employer will employ husband on sight of FP and presumably without sight of a COA (or RC) until they are granted.

Not all employers will do this. If you have not checked on this yet or do not know then suggest you crosscheck with any prospective employer.

[secret.simon]

Tricky question that. It all hinges on whether you (the EEA Citizen) are living in the UK in accordance with the EEA Regulations.

4.
—(1) In these Regulations–
...
(d) “student” means a person who–
(i) is enrolled, for the principal purpose of following a course of study (including vocational training), at a public or private establishment which is–

• (aa) financed from public funds; or
  (bb) otherwise recognised by the Secretary of State as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the part of the United Kingdom in which the establishment is located;

(ii) has comprehensive sickness insurance cover in the United Kingdom;
and
(iii) assures the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.

So, it all hinges on whether you (the EEA citizen) are a qualified person.

Family Permits can not be denied to direct family members of a qualified person (see regulation 12 in the same document).

Although it is not required, I would say that your best option would be to apply on Form EEA(QP), which will certify you as a qualified person and then use that with your spouse's application for Family Permit.

Your spouse does not need CSI at the time of application of a Family Permit because by definition, at that time, he is not in the UK. You have correctly surmised that he will need it at the time of application for Residence Card.

Make sure that your spouse's future job's health insurance plan is a genuinely private one and not reliant on the NHS.

[eniseg]

Hi everyone!

I have been a qualified person in the UK under Regulation 6(1e) of the Immigration (EEA) Regulations 2006 since September 2013.

I qualify under Regulation 6(1e) because during my residence in the UK I have been studying for a full-time Masters of Science (MSc, 2013-2014), followed by a full-time doctorate in philosophy (PhD, 2014-2018) while holding a European Health Insurance Card (EHIC) from German BARMER insurance.

I have never personally written to the Secretary of State in regards to my funding, but it should be fairly straight forward to write such a letter? I'm not entirely sure?

If I apply to be a QP with the form, as you suggested, wouldn't that take six months? I mean, the wedding is in 12 days and we wanted to apply for the FP right after, before the EU Referendum.

The employer will need to see his passport on the first day of employment. So he will bring his passport there, which has the FP in it, and then we will apply for the RC/CoA, and send away the passport.

From what I remember the employment contract stated 'private healthcare insurance'...I hope this doesn't mean NHS, because I'm honestly not a fan.

[noajthan]

Hi everyone!

From what I remember the employment contract stated 'private healthcare insurance'...I hope this doesn't mean NHS, because I'm honestly not a fan.

Would be prudent to check the policy is accepted by HO as valid CSI.

And don't forget 'statement of intent' letter for RC application, as per linked doc.

[eniseg]

Thanks!

Statement of intent for the RC, that we do not plan to settle in the UK permanently?

Also, do you know anything about the bank statements etc. necessary for the EEA Family Permit? And since he has a job offer, should we indicate this in the FP application? He's worried that it'll make us look like a marriage of convenience.

[noajthan]

Thanks!

Statement of intent for the RC, that we do not plan to settle in the UK permanently?

Yes, if you are just using EHIC as evidence of health cover.
See informative link on this matter, posted previously.