Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
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tom_tom_tom
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by tom_tom_tom » Thu Dec 29, 2011 2:57 pm
I have a quick question. My wife (after we get married) will be applying for an EEA2 (assuming she is granted an EEA family permit) when she arrives in the UK.
In order for her to apply for an EEA2 do I first need an EEA1? I am currently living and working in the UK for 2 years and am Irish.
And if I do need to apply for an EEA1 do I need to send off my passport? This is a concern as I travel for work.
I have rerad you can apply for in person in Croydon but there is a two month wait for an appointment - is this then granted on the day? If this is the case this might be the best solution for me.
Apologies if this question has been answered before. I have looked thru the forum and cannot find anything.
Many Thanks
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Lucapooka
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by Lucapooka » Thu Dec 29, 2011 2:59 pm
You don't need an EEA1 for her to apply for an EEA2.
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Jambo
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by Jambo » Thu Dec 29, 2011 3:43 pm
However for her EEA2 you will need to submit your passport.
You might be able to avoid sending your passport as a support evidence for her EEA2 if you got EEA1 so you might consider getting the EEA1 in Croydon (it is a same day service).
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tom_tom_tom
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by tom_tom_tom » Tue Jan 03, 2012 11:21 am
Ok, thanks for clearing this up.
After you apply for EEA2 can you begin to work straight away or do you have to wait until it is granted - which looks like it can be upto 6 months from reading the forum!
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Jambo
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by Jambo » Tue Jan 03, 2012 11:46 am
The EEA Family Permit will already allow her to work from day 1 in the UK. The only issue is that it is valid for 6 months only so some employers tend to get a bit nervous taking someone aboard if their immigration future is not clear (even if try to explain them the rules).
Once applied for Residence Card, you receive a letter confirming the application which will also state her right to work in the UK but again it is only valid for 6 months.
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jrge
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by jrge » Tue Jan 03, 2012 6:45 pm
Jambo wrote:The EEA Family Permit will already allow her to work from day 1 in the UK. The only issue is that it is valid for 6 months only so some employers tend to get a bit nervous taking someone aboard if their immigration future is not clear (even if try to explain them the rules).
Once applied for Residence Card, you receive a letter confirming the application which will also state her right to work in the UK but again it is only valid for 6 months.
You are right on the money! However, employers are encouraged to call:
EMPLOYER CHECKING SERVICE on
0300 123 4699
Today was my first day at the office, and Human Resources called the above number to verify the authenticity of my COA; and they were told (HR) that even if my RC hasn't arrived within 6 months, I am still entitle to work further after. (At least that's what they told me during lunch)
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012
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tom_tom_tom
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by tom_tom_tom » Tue Jan 03, 2012 9:27 pm
Thanks again guys!
Yet another question..
I have been reading on the forum alot of discussion about health insurance...
Is this required as part of the application for a family permit? I have not seen it mentioned on the UKBA guidance/supporting docs pages, only here?
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Jambo
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by Jambo » Tue Jan 03, 2012 10:10 pm
tom_tom_tom wrote:Thanks again guys!
Yet another question..
I have been reading on the forum alot of discussion about health insurance...
Is this required as part of the application for a family permit? I have not seen it mentioned on the UKBA guidance/supporting docs pages, only here?
A health insurance is required if you are a student or self-sufficient. It is not required in your case as you are a worker.
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morsan
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by morsan » Sat Jan 21, 2012 4:12 pm
I wonder how this might apply in my situation. My husband would work and I would stay home with the kids. Would we need to get a separate health insurance for me? What about the kids?
Do they check this for EEA permits too, or only for residence cards?
I see now the question pertains to FPs, so I wonder if it applies only to people already residing in the UK.
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Jambo
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by Jambo » Sat Jan 21, 2012 4:37 pm
It is only needed for RC application once you are in the UK. If the EEA national is not working, health insurance to cover all family members is needed (in practice it doesn't need to cover the kids).
Alternatively if you have a EHIC from Sweden which cover both of you, that would be acceptable as an insurance.
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morsan
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by morsan » Sat Jan 21, 2012 7:24 pm
Thanks.
Are you saying that if the non-EEA spouse works in the UK, but the EEA national is self-sufficient, then the non-EEA spouse is not entitled to national health insurance coverage for himself? So, I would not only have to cover myself but also my husband? That seems a bit odd.
I'm not very familiar with EHIC. Is it valid if we settle abroad or is it contigent on our maintaining residency in the country of origin?
Thanks!
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Jambo
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by Jambo » Sat Jan 21, 2012 8:02 pm
It's not me saying but the EU directive
Any resident in the UK is entitled to NHS. The clinic will not ask for your immigration status when making an appointment.
However, the EU regulations require that self sufficient in order to be exercising treaty rights to hold health insurance to cover all the family members. The non EU national activities are not relevant.
So you need the insurance not to get NHS treatment but to get the RC.
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nonspecifics
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by nonspecifics » Sat Jan 21, 2012 8:07 pm
It was not said that you are not entitled to the NHS.
Who is entitled to use the NHS comes under UK domestic law.
However, it is correct to say that a self-sufficient EEA should have CSI for all the family, even if the family would be entitled to use the NHS.
For self-sufficients UKBA / The Home Office try to argue reliance on the NHS creates an unreasonable burden - even if the Non-EEA family member is working and paying tax to help pay for the NHS.
It's not fair, but there is nothing unusual about the Government being unfair, mean and rotten.
To Jambo, I disagree that it is the EU Directive that says it. The Directive just says you must have comprehensive sickness insurance in the host country and not be an unreasonable burden. In my opinion it is UKBA who say relying on the NHS IS being an unreasonable burden, but with the same result.
Last edited by
nonspecifics on Sat Jan 21, 2012 8:16 pm, edited 2 times in total.
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Jambo
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by Jambo » Sat Jan 21, 2012 8:15 pm
As for the EHIC, as this is suppose to be temporary cover when visiting another member state. The HO requires you to add a letter of intentions stating that you only moved to the UK on a temporary basis. Although doing so will not prevent you achieving Permanent Residence after 5 years.
To nonspecifics - the Swedish authorities have a similar view to the UKBA.
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morsan
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by morsan » Sun Jan 22, 2012 1:50 am
Thanks again for the clarification.
Yup, mean and rotten governments is nothing new.
If I were to be employed just for the sake of not having to get CSI, what are the guidelines for 'adequate' employment? Is it enough just to be employed (for say 10-15 hrs per week), or would I have to prove I make enough to support all of us (excluding my husband's income)? Is it possible to claim 'part-time' self-sufficient and part-time employed?
Or if we go for getting CSI, I have done some searching here and it seems no one really knows what is acceptable CSI--anyone has a deeper understanding on the issue? When UKBA states 'to cover any medical treatment', do they mean literally just medical treatments (as the insurance companies refer to this term), or do they mean *anything* that is medically/health related (such as chronic illness, psychiatric etc coverage)?
thanks!
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nonspecifics
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by nonspecifics » Sun Jan 22, 2012 2:04 am
EEA workers , including part-time workers - do not need CSI to be exercising treaty rights.
For what is considered a worker , this publication give quite a good explanation:
http://www.dwp.gov.uk/docs/c4annxb.pdf
This gives UKBA's attitude regarding CSI:
http://www.whatdotheyknow.com/request/8 ... issued.pdf
http://www.whatdotheyknow.com/request/8 ... v0%201.pdf
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jutt_don
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by jutt_don » Thu Feb 21, 2013 7:19 am
i just got my eea family permit 2 days ago and im going to travel in first week of march 2013. what i need to apply after i landed in the uk. EEA1 or EEA2? my wife is polish and she got Indefinite visa (ILR).
please help