Refused permanent residence card CSI SO41

[newly_disappointed]

Hello there,

I'm a Bulgarian citizen and I've applied for EEA(PR) in March 2018. Today I received letter which refuses my application based on my CSI proof for my student years. The letter basically says that S041 is equivalent to E104 and E104 cannot be accepted as evidence of comprehensive medical insurance.

I've been a student from 2012 - 2016 and I've had EHIC cards for all the years but I've lost some of them, hence I decided to request a SO41 form from my home country. I've had it translated and attached along with my other documents.

As far as I was concerned, the SO41 should've been accepted as a proof of CSI.

Has anyone been in a similiar situation? Should I appeal against this decision?

[secret.simon]

I am not at all knowledgable about these aspects of EU law, but E104 and other documents in the E series seem to relate to social security (old-age pension, disability allowance, that kind of thing) and not to healthcare. Therefore the refusal may be correct.

For the PR application, you may need a statement from the National Health Insurance Fund of Bulgaria or the Ministry of Health that you were covered by EHIC for the period that you are claiming EHIC for.

[Obie]

You are very correct Simon. E104 has nothing to do with medical insurance. It is for those EU national who have not worked in a memberstate for a long period , but wants to claim illness or maternity benefit.

E104 can be issued by the one memberstate for the purposes of the other. More or less relevant in the case of a Frontier worker.

[newly_disappointed]

Thank you for your responses.

I've been told by the National Health Insurance Fund which issued the SO41 form that this is a proof that I've been covered by my home healthcare system and that this is the only form which they could provide me with in connection to EHIC (having this form for the specified period means that I've been eligible for EHIC during that time).

And also, how would you comment on this practice note which argues that the form SO41 should be accepted as a form of CSI?

https://blogs.kent.ac.uk/eu-rights-clin ... nce-v3.pdf

[secret.simon]

And also, how would you comment on this practice note which argues that the form SO41 should be accepted as a form of CSI?

https://blogs.kent.ac.uk/eu-rights-clin ... nce-v3.pdf

That is obviously not the Home Office's practice note. But if you stand by that interpretation, you can follow the advice at the end of that document.

What happens if the Home Office refuses to accept Structured Electronic Document S041 as proof comprehensive sickness insurance?
In the event that the Home Office refuses to approve an application for residence documentation supported by Structured Electronic Document S041, the applicant would have a right to challenge that decision by way of an appeal or judicial review proceedings as the case may be.

[Sogard]

Hi newly_disappointed,

Sorry to hear about the HO reply and I hope you are planning to appeal. I am a bit confused about this form/E104, wthether it is acceptable proof of comprehensive sickness insurance or not. I have heard anecdotally that it was acceptable proof for someone who has applied and got their PR, even though these forms are not explicitly on the list of HO.

The main reason to submit these forms is that they are the only ones that the local authorities can issue now for prior periods when you had been insured, for example when you had EHICs but lost some of them.

What are the next steps that you are thinking of taking? Will you be asking for a reconsideration / appealing, as the practice suggests?

Good luck in this lengthy and nerve wrecking process, hope you get a positive answer soon!