another Comprehensive sickness insurance question!

[UK_BR5]

Dear All,

- I am a non-EU married to a Romanian citizen.
- we have been living in UK since 07.2008.
- she got her yellow card (registration cert.) as self sufficient in 03.2009.
- i also got my residence permit of 5 years in 03.2009.
- 3 years have passed now and we don't have a comprehensive sickness insurance , i just bought one for both of us this month.
- as i understand we should be eligible to apply for PR in 07.2013 (5 years), is that right ? or 5 years from the yellow card date ??

My question is :

we will be covered by CSI from 03.2011 till 07.2013. will that be enough for the application to be successful or will we need CSI covering for full 5 years ?

in case we need full 5 years , can i apply to renew my residence permit for another 5 years until we sort out documents so that they will not kick me out of UK ? i understand that even if my wife will be rejected PR she can still live in UK as she is EEA citizen ?

many thanks for your help

[mcovet]

Literally, they could ask for proof of insurance to cover the periods when you rely on self sufficiency as exercise of treaty rights. Get the insurance now anyway and when the five years are up apply for pr, u r not losing anything. If they refuse, you COULD argue that you were not "an unreawonable birden" on the state and as a matter of fact u were no burden at all so ur right of residence should nOt get affected in line with the principle of proportionality! It would be stupid and disproportional to prevent someone from counting the years they never used the social benefits system as the potential of becoming a burden. Insurance is quite expensive, it'd be cheaper for her to register as a self employed and that way u dont need insurance if she doesn mind working a bit. Ur rc would also remain vslid throughout her self employment.

P.S.It's 5 years of living in the uk, firs 3 months no need to register and if no gaps- 5 years from entry!

[UK_BR5]

thanks mcovet for your reply
so this means that even if they rejected my wife's PR application they will not deport her from UK ? can i apply for another 5 years residence permit in this case until we sort out the CSI ?

[mcovet]

While the ukba could IN THEORY remove an eea national (unheard of before unless public interest at stake) as soon as she satisfies the requirement by exercising treaty rights-she's Immune. They may refuse to issie pr but that doesnt mean she has to leave. Basically there has to be proof of uninterrupted 5 years in both your cases. You do NOT have to apply for another rc as yours is still valid till 2013, it's only a confirmailtion of the right which you derive through your relationship with your eea wife! Again when ur rc expires and if you cant prove 5 years' continuous eligibility, u dont automatically get ejected, u get issued with another rc for 5 years! Capish? ))

Hope u r clear on ur situation now

thanks mcovet for your reply
so this means that even if they rejected my wife's PR application they will not deport her from UK ? can i apply for another 5 years residence permit in this case until we sort out the CSI ?

[UK_BR5]

very reassuring, i don't mind waiting the extra time to sort out the documents as long as they won't kick us out

thank you again!