EEA4 refusal-CAN I APPEAL?

[SeaJohn]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Annex B – Comprehensive sickness insurance – Transitional arrangements for students

Note: These arrangements apply only to EEA nationals applying for permanent residence documentation (or for exempt registration certificates for A2 nationals) on the basis of being a student where they have been issued with a registration certificate in that capacity before 20th June 2011.

1. From 20th June 2011 all EEA national students and self-sufficient persons (including A2 nationals) who are applying for documentary evidence of their right to reside in the UK, must provide evidence that they have comprehensive sickness insurance in the UK.

2. Transitional arrangements are being introduced, so that an application for permanent residence as a student will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of decision where:

UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011.

Should I request compensation from UKBA? What amount? They are highly unprofessional. They are trying to ruin my career as I need to travel a lot on business.

[SeaJohn]

Any ideas on what should I do now?

Options:
1. Re-submit application
2. Appeal
3. Complaint
4. All together

What's the best way to get PR ASAP?

[EUsmileWEallsmile]

It looks like UKBA makes fun of me.

We got another refusal letter today (my passport wasn't returned again).
They said that they are happy now with the evidence of sufficient funds BUT ..... they want CSI now. Although in the first refusal letter there was clear note that we don't need CSI as we applied for EEA1/2 in 2006 and there was no requirement for students to have CSI at that time (My wife is still a student).

Yes, sometimes it would appear that way. You need to write back to them insisting that they apply their own guidance. At the very least, you should be issued with a fresh residence card along with your passport.

[SeaJohn]

Finally I got my passport with Permanent Residence!!!

Here is my story

Applied EEA3&EEA4 on 16 November
Received COA on 16 December
Requested EEA passport back on 1 March
Received all documents (except my non EEA passport) with refusal letters on 3 March
Submitted further application on 9 March
Called HO to chase COA on 10 April
26 April - second refusal letter (non-EEA passport retained)
27 Apill - sent compaint to all possible emails, faxes, UKBA addresses
30 April - submitted further application
3 May - received a letter with apologies for mishadling my case from HO
4 May - Received my passport back with PR

My advice to everyone: if you are not happy with the service - COMPLAIN, COMPLAIN and COMPLAIN

I'm going to request compensation from HO for mishandling my case on 2 ocassions

[Directive/2004/38/EC]

I'm going to request compensation from HO for mishandling my case on 2 ocassions

Please do. You should also request compensation for all expenses and any opportunity costs (like not getting paid for a job you could not take).

[EUsmileWEallsmile]

Finally I got my passport with Permanent Residence!!!

Well done! Good for you.

[SeaJohn]

Thank you everyone for support and advices!!!
This forum is brilliant. It is excellent source of information. I didn't use lawyer and saved a lot of money.

[spike_UK]

Thank you everyone for support and advices!!!
This forum is brilliant. It is excellent source of information. I didn't use lawyer and saved a lot of money.

Congratulations mate, well done,,,you fought for it and you achieved it.

[Directive/2004/38/EC]

Thank you everyone for support and advices!!!
This forum is brilliant. It is excellent source of information. I didn't use lawyer and saved a lot of money.

A round of beer and wild applause for the assembled thread followers!

[dasjoker]

Firstly congratulations! you fought for it and you achieved it at least you didn't give up.

Secondly I am planning to apply EE4 next year but i am still confused about CSI and after reading your post i thought it might be reference for me.
My wife was student 08-11 and didn't have any insurance meantime I was working full time and support our family. I am holding EEA2 since September 2011 and next years it's going to be 5 years together in the UK and planning to apply for EEA4. Do we still need proof that while she was studying she had CSI or EHIC card?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Annex B – Comprehensive sickness insurance – Transitional arrangements for students

Note: These arrangements apply only to EEA nationals applying for permanent residence documentation (or for exempt registration certificates for A2 nationals) on the basis of being a student where they have been issued with a registration certificate in that capacity before 20th June 2011.

1. From 20th June 2011 all EEA national students and self-sufficient persons (including A2 nationals) who are applying for documentary evidence of their right to reside in the UK, must provide evidence that they have comprehensive sickness insurance in the UK.

2. Transitional arrangements are being introduced, so that an application for permanent residence as a student will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of decision where:

UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011.

[Jambo]

My wife was student 08-11 and didn't have any insurance meantime I was working full time and support our family. I am holding EEA2 since September 2011 and next years it's going to be 5 years together in the UK and planning to apply for EEA4. Do we still need proof that while she was studying she had CSI or EHIC card?

Did your wife have a Registration Certificate issued to her as a student?
SeaJohn's wife had and that is why she was exempted.

Thanks for the answer.
It is stated on my wife's reasons for refusal (EEA3, we have made a joint application) that
As you were issued with a Registration Certificate previously without having to obtained compehencive sickness insurance cover you are not required to have cover for the past 5 years. Therefore you do not have to satisfy Regulation 4(1)(d)(ii).
If it is relevant to her it should be relevant to me. Do I understand it correctly?

[dasjoker]

My wife was student 08-11 and didn't have any insurance meantime I was working full time and support our family. I am holding EEA2 since September 2011 and next years it's going to be 5 years together in the UK and planning to apply for EEA4. Do we still need proof that while she was studying she had CSI or EHIC card?

Did your wife have a Registration Certificate issued to her as a student?
SeaJohn's wife had and that is why she was exempted.

Thanks for the answer.
It is stated on my wife's reasons for refusal (EEA3, we have made a joint application) that
As you were issued with a Registration Certificate previously without having to obtained compehencive sickness insurance cover you are not required to have cover for the past 5 years. Therefore you do not have to satisfy Regulation 4(1)(d)(ii).
If it is relevant to her it should be relevant to me. Do I understand it correctly?

My wife didn't apply EEA1 or EEA3. She came here in 2007 and after one year working, started her study.

[spike_UK]

Firstly congratulations! you fought for it and you achieved it at least you didn't give up.

Secondly I am planning to apply EE4 next year but i am still confused about CSI and after reading your post i thought it might be reference for me.
My wife was student 08-11 and didn't have any insurance meantime I was working full time and support our family. I am holding EEA2 since September 2011 and next years it's going to be 5 years together in the UK and planning to apply for EEA4. Do we still need proof that while she was studying she had CSI or EHIC card?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Annex B – Comprehensive sickness insurance – Transitional arrangements for students

Note: These arrangements apply only to EEA nationals applying for permanent residence documentation (or for exempt registration certificates for A2 nationals) on the basis of being a student where they have been issued with a registration certificate in that capacity before 20th June 2011.

1. From 20th June 2011 all EEA national students and self-sufficient persons (including A2 nationals) who are applying for documentary evidence of their right to reside in the UK, must provide evidence that they have comprehensive sickness insurance in the UK.

2. Transitional arrangements are being introduced, so that an application for permanent residence as a student will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of decision where:

UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011.

Hi dasjoker.
Are you applying for EEA4 based on 5 yrs living together or 5yrs married?

[dasjoker]

3 years marriage and 2 years living together.

[spike_UK]

3 years marriage and 2 years living together.

And are you sure that your application will success based on 3yre marriage+2 yrs together? which I hope you right.
The reason I ask because a lot of people in this forum saying you can't apply unless 5 yrs married or holding RC for 5 yrs.
I have applied same as you and lets see what happens.

[Directive/2004/38/EC]

And are you sure that your application will success based on 3yre marriage+2 yrs together?

Nobody is "sure" their application will be a success. Unfortunately even simple applications are rejected for random reasons. And a more "on the edge" application like this is more likely to be rejected. But it is definitely worth trying, and appealing if it is rejected. That is the way that new case law is decided!

[spike_UK]

And are you sure that your application will success based on 3yre marriage+2 yrs together?

Nobody is "sure" their application will be a success. Unfortunately even simple applications are rejected for random reasons. And a more "on the edge" application like this is more likely to be rejected. But it is definitely worth trying, and appealing if it is rejected. That is the way that new case law is decided!

My apology, what I meant by "sure" was what ground or informations he had to apply this way, of course each case is different.

[Directive/2004/38/EC]

My apology

Absolutely none is needed.