Hope for some EEA national without CSI but Self Sufficient

[Obie]

The court of appeal will be sitting on a case called SA (Pakistan) on the 2nd and 3rd of April.

This case is related to the CSI requirement under the regulation, and whether or not the requirement is provided for by the NHS, and whether there is some form of discrimination in requiring EEA national to hold CSI, when no such requirement is in place for British Citizens.

Interestingly, the AIRE centre, which campaigns for rights of EEA national and their family member, has been added as an intervener.

Appellants in the lower courts, can ask that their cases be stayed pending the outcome of that case.

[askmeplz82]

finger crossed .. hope to hear good news

[rameez522]

Thanks for sharing this news. That is really good news....Lets hope for the best.

[rameez522]

Any updates about the appeal ???

[bluer32]

Very interesting topic. I'm sure many are, like me, anxious to hear more about these procedures and any outcome.

[Obie]

The case has been heard. Judgement awaiting.

As soon as judgement is passed, the forum will be notified.

[rameez522]

Hi Obie,

Can you please provide the case reference from Royal court of Justice or any updates. When the decision is due or expected? I am just confuse shall I change my visa to Tier 2 or if the decision comes in our favor then apply for PR..

Thanks in advance

[askmeplz82]

nothing yet

follow them here

http://www.airecentre.org/news.php/132/ ... ppeal-case

[UKBA HUNTER]

I donot think that the involvement of AIRE (voluntary) organization can end this stupid requirement unless the European court of justice or EU directive policy making/handling authorities will be involved seriously against that matter.

[mark83]

Any news on this? Any chance this case could make it possible to apply for PR without having had CSI?

[Obie]

The Court of Appeal has dismissed the appeal in the case of SA Pakistan. CSI is a compulsory requirement.

[askmeplz82]

Really SAD. i wasn't expecting this

[sarapk]

Very distressing news.

My partner does not have CSI, therefore my EEA4 will be unsuccessful. Are there any ways around not having the CSI?

[Obie]

What has you partner been doing over the 7 years of residence in the UK.

[Ikonkar]

Hi Obie,

My wife is planning to look after our son (full time) and quit her job. We'll need CSI in order for her to excercise her treaty rights, I was just wondering do you happen to know which is the exact policy I should take which is relevant as per the guidance of UKBA caseworkers.

I've searched it all and I also know that this question has been asked plenty of times, however I'm still ver unclear regarding the exact policy and from which company.

I looked into the WPA Health Essential which seems to be ok, would that cover?

Many Thanks

[Ikonkar]

Hi Obie/Guru,

any one re above?

Thanks

[askmeplz82]

WPA is really good.

[noajthan]

The Ahmad case ...

http://www.vwv.co.uk/what-s-happening/p ... -a-student

The Appellant applied for confirmation of permanent residence as the spouse of an EEA national exercising her treaty right but his application was refused because his wife had not obtained sickness insurance. The Appellant argued that as his wife was entitled to use the NHS she did not need private insurance cover to do so.

The Upper Tribunal rejected this argument and the Appellant appealed. The CA dismissed the appeal. It ruled that an EEA national, when exercising a Treaty right as a student, would only have lawful residence if they had comprehensive sickness insurance. This could not include the public healthcare system of the host state because that would defeat the object of the Directive, namely relieving the state of the cost of providing healthcare in the first five years of the EEA national's presence in that state.