Carer (Carer's allowance) - weak case EEA PR?

[marido2017]

Hello,
Would like to hear any advices on stay at home mum/receiving carer allowance application for EEA PR or other option possible please. I am receiving carers allowance 3 years and have a 6 y old child who is studying and I am his carer. We are both EEA.
My husband is useless here as he was not working permanently enough. He isn't EEA.
I am in UK 10 years in the middle of 2017 but did not work much at all. My NI is paid for 10 years.
Do I have very weak case should I apply for EEA PR as I am not listed as suitable? What can I do?
May be there is other option for jobless or carers to apply?
Thank you!

[secret.simon]

Do you have Comprehensive Sickness Insurance aka private health insurance for you and any non-UK family members?

If not, you are not eligible for PR.

If you are not working, your best bet is to get the health insurance mentioned above in place. Then apply for a EEA(QP). You will qualify either after five years of holding health insurance or working.

[noajthan]

Hello,
Would like to hear any advices on stay at home mum/receiving carer allowance application for EEA PR or other option possible please. I am receiving carers allowance 3 years and have a 6 y old child who is studying and I am his carer. We are both EEA.
My husband is useless here as he was not working permanently enough. He isn't EEA.
I am in UK 10 years in the middle of 2017 but did not work much at all. My NI is paid for 10 years.
Do I have very weak case should I apply for EEA PR as I am not listed as suitable? What can I do?
May be there is other option for jobless or carers to apply?
Thank you!

Suggest investigate whether a selfsufficient person will be considered to be qualified person if reliant on carer's allowance or other benefits.
See https://www.gov.uk/government/uploads/s ... _clean.pdf

Some campaign groups campaign for carers to be considered as workers eg if in receipt of DLA.
Suggest investigate work of Aire Centre in this area.

See http://www.airecentre.org/data/files/re ... s-2014.pdf

[marido2017]

I do not need health insurance in my country, why do I need here? NHS is OK and it's same in my country free. I don't see why I must pay for insurance if it's free in my country?
We are not in USA where everyone must have it.
I can't leave UK as it's impossible to move out like 20 suitcases and furniture plus pets? And school is here I can not change my son's school, he only can talk in English and not my country language. Also we are afraid to fly so no way we can board plane much at all It is not possible to drive.
I have car I can only drive in UK and not in Europe as I learned here and am left handed.

[secret.simon]

I do not need health insurance in my country, why do I need here? NHS is OK and it's same in my country free. I don't see why I must pay for insurance if it's free in my country?

Mere presence in an EEA country does not amount to residence.

The requirements for residence in another EEA country are spelt out in EU law. That requires a self-sufficient person or a student to have Comprehensive Sickness Insurance (private health insurance) AND not to be a burden on the state.

In place of CSI/health insurance, you can provide a letter from the health provider in your home country that you were covered for all health costs in the UK for five continuous years. Alternatively, a non-UK EHIC card for five years would also be acceptable.

Suggest investigate whether a selfsufficient person will be considered to be qualified person if reliant on carer's allowance or other benefits.

I doubt it. EU law is very binary and pretty straightforward.

[noajthan]

I do not need health insurance in my country, why do I need here? NHS is OK and it's same in my country free. I don't see why I must pay for insurance if it's free in my country?
We are not in USA where everyone must have it.

...

This is not about US and not its not about access to NHS.

Under EU law, non-economically active persons must not pose an unreasonable burden on state social assistance.

The UK implements that as meaning selfsufficient persons on EU migration route (and any dependents) require CSI.
If there's no CSI you are not a qualified person; which means you do not have a right to remain (under EEA Regulations) to reside in UK.

You can see how a caseworker will assess and weigh up your case to be a qualified person here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[noajthan]

Suggest investigate whether a selfsufficient person will be considered to be qualified person if reliant on carer's allowance or other benefits.

I doubt it. EU law is very binary and pretty straightforward. Indeed, carer's allowance could be considered a burden on the state and may count against the OP, not in her favour.

Indeed.
It was a gentle nudge to OP to see if she qualifies to be considered as a carer to be a worker qualified person - as, for example, Aire Centre has been campaigning (for some years now).

After all, UK seems to take approach that any benefits consumed by students or the selfsufficient prevents such persons from being considered as qualified persons.

[marido2017]

I do not need health insurance in my country, why do I need here? NHS is OK and it's same in my country free. I don't see why I must pay for insurance if it's free in my country?

Mere presence in an EEA country does not amount to residence.

The requirements for residence in another EEA country are spelt out in EU law. That requires a self-sufficient person or a student to have Comprehensive Sickness Insurance (private health insurance) AND not to be a burden on the state.

In place of CSI/health insurance, you can provide a letter from the health provider in your home country that you were covered for all health costs in the UK for five continuous years. Alternatively, a non-UK EHIC card for five years would also be acceptable.

Suggest investigate whether a selfsufficient person will be considered to be qualified person if reliant on carer's allowance or other benefits.

I doubt it. EU law is very binary and pretty straightforward.

Ah, not possible I am not resident in my country since 2007. We don't have health insurance there, everything is free, only need pay for dentists. I am not resident anywhere looks like, for 10 years, if UK says so? My country won't do anything as I left it 10 years ago and am treated as tourist there. I have UK EHIC card only.

[secret.simon]

In that case, you do not have any legal residence in the UK. If it makes you feel better, you are lawfully present.

I would encourage you to get a private health insurance policy to cover you and all non-UK members of the family and then immediately apply for an EEA(QP) document for all EEA family members and EEA(FM) for all non-EEA family members. That would document that you were resident in the UK before Brexit was triggered and may likely give some protection post-Brexit.

[noajthan]

Some campaign groups campaign for carers to be considered as workers eg if in receipt of DLA.
Suggest investigate work of Aire Centre in this area.

See http://www.airecentre.org/data/files/re ... s-2014.pdf

Have you read up on carers/DLA and worker status yet?
Have you contacted Aire Centre to see if they may guide and/or assist you?