Help EEA 4

[Kam101]

Hi I am a non-eea family member of an eea national. I was married to my wife (eea national) in may 2005. My wife was working at that time and worked until march 2006. Then she took maternity leave until august 2006. From August 2006 to jan 2008 she was self sufficient as I was working and was getting student loans (as I was studying as well). From jan 08 onwards she is doing a degree as a full time student. Now the problem is we didnt had medical insurance. Could you answer my following questions.

1. Does a current medical insurance certificate will compensate for non-coverage of previous years.

2. According to section 14 (2) of eea regulations which is : (2) A family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a permanent right of residence under regulation 15 is entitled to reside in the United Kingdom for so long as he remains the family member of the qualified person or EEA national.

A qualified person here means an eea national excercising treaty rights. My wife had PR in 2006. So I was a family member of an eea national who is settled in UK, and under above mentioned legislation I was entitled to remain in UK even if my wife wasnt 'qualified' as she has PR.

So can I apply PR on the basis of being a family member of five years of a eea national with PR, Instead of applying on basis of treaty rights as their are gaps and insurance is also a problem.

Thanks

[thsths]

Now the problem is we didnt had medical insurance.

...

My wife had PR in 2006.

It would seem that PR is sufficient - since she is not required to exercise treaty rights, there is no problem with insurance for self sufficient people either.

At least that is what logic dictates, but I am always very careful about using logic in connection with the UKBA. You may want to check the casework instructions, just to know what to expect.

[Ben]

It would seem that PR is sufficient - since she is not required to exercise treaty rights

Agreed. Kam101 will acquire PR in May 2010, assuming he has been resident in the UK with her since this time.

[Kam101]

thanks guys for your help, but i agree that logic doesnt seem to work with ukba if it contradicts there policy. The problem is UKBA makes policies which does gives wrong interpretation of the legislation.