EEA4 application - Comprehensive Sickness Insurance

[Hubba]

Hi all,

Me and my wife (EU national) have been leaving in the UK since March/2008. I've got into the country using a Family Permit. Whilst this family permit was valid and within 3 months of our arrival, I've got employed. I have then successfully applied for EEA2, having my wife exercising Treaty Rights as self-sufficient, based in my earnings.

When I have applied for my EEA2, we have successfully used the NHS coverage as the comprehensive sickness insurance. Given that my application process took about 11 months to be processed, I have also submitted my BUPA membership certificate for part of this period. For about 6 months during this period we have relied only on NHS. This was back on 2008 and there was no ruling if the NHS should or not be considered as comprehensive sickness insurance.

Since Dec/2008 we have been uninterruptedly by UKPrivate Healthcare, covering any pre-existing conditions and any medium or long term treatment, which seems to match the requirements.

My doubt would be related with the HO's instance on this case, when submitting the documentation proving that my wife has exercised Treaty Rights during this whole period on my EEA4 application. During our initial stay period, the HO has considered the NHS coverage as the needed comprehensive sickness insurance. I'm a bit worried that, with their policy change (which seems to date back to January 20th, 2011), they may consider that she wasn't exercising Treaty Rights during this period.

Given that my EEA2 was approved only at the beginning of 2009, I can wait until the beginning of 2014 in order to apply for my EEA4, thus having private healthcare coverage during the entire previous 5 years, but it seems to be an unnecessary delay, since I wasn't at fault during our inital staying period and they have confirmed this by issuing my EEA2.

Your thoughts?

[Hubba]

Anyone?

[EUsmileWEallsmile]

Hi all,

Me and my wife (EU national) have been leaving in the UK since March/2008. I've got into the country using a Family Permit. Whilst this family permit was valid and within 3 months of our arrival, I've got employed. I have then successfully applied for EEA2, having my wife exercising Treaty Rights as self-sufficient, based in my earnings.

When I have applied for my EEA2, we have successfully used the NHS coverage as the comprehensive sickness insurance. Given that my application process took about 11 months to be processed, I have also submitted my BUPA membership certificate for part of this period. For about 6 months during this period we have relied only on NHS. This was back on 2008 and there was no ruling if the NHS should or not be considered as comprehensive sickness insurance.

Since Dec/2008 we have been uninterruptedly by UKPrivate Healthcare, covering any pre-existing conditions and any medium or long term treatment, which seems to match the requirements.

My doubt would be related with the HO's instance on this case, when submitting the documentation proving that my wife has exercised Treaty Rights during this whole period on my EEA4 application. During our initial stay period, the HO has considered the NHS coverage as the needed comprehensive sickness insurance. I'm a bit worried that, with their policy change (which seems to date back to January 20th, 2011), they may consider that she wasn't exercising Treaty Rights during this period.

Given that my EEA2 was approved only at the beginning of 2009, I can wait until the beginning of 2014 in order to apply for my EEA4, thus having private healthcare coverage during the entire previous 5 years, but it seems to be an unnecessary delay, since I wasn't at fault during our inital staying period and they have confirmed this by issuing my EEA2.

Your thoughts?

The earliest you would qualify for PR would appear to be March 2013, ie five years after entering the UK. I think your argument about NHS / COA, etc is pretty sound, you had an application accepted on this basis already. (Note UKBA may disagree with you and you might need to fight for recognition). You would need to apply to find out (I would explain my circumstances if I were you in a covering letter).

I'm not 100% sure when you decided to take out CSI (you appear to state that it was before Dec 2008). That said, if you have had this continuously since Dec 2008, then you will have achieved PR in Dec 2013 at worst.

[Hubba]

The earliest you would qualify for PR would appear to be March 2013, ie five years after entering the UK. I think your argument about NHS / COA, etc is pretty sound, you had an application accepted on this basis already. (Note UKBA may disagree with you and you might need to fight for recognition). You would need to apply to find out (I would explain my circumstances if I were you in a covering letter).

I'm not 100% sure when you decided to take out CSI (you appear to state that it was before Dec 2008). That said, if you have had this continuously since Dec 2008, then you will have achieved PR in Dec 2013 at worst.

Thanks for your answer. I've taken out CSI in Dec 2008 (my employer enrolled me and my wife in the company coverage), as you have correctly assumed. In your opinion, would you think it would be better to apply on March 2013 and may have to argue with HO about this whole CSI thing or wait until December 2013? My EEA2 is valid until May/2014 anyway, so I wouldn't be without anything.

Cheers.