Obie wrote:Well you don't have to disagree with me 20%, you are free to disagree with me 100%.
Article 8(4) of directive 2004/38EC, empowers the member states to take account of the personal situation of the EEA national concerned, in order to determine whether they have sufficient resource to be self -sufficient.
If the full circumstance of this case is know to the UKBA, then it may be open to them to refuse to accept that the EU citizen is indeed self-sufficient, given that he is seperated from the non-EU, not resident in the same household, resides with someone else. It is also open for them to invoke article 35.
In EU law, the couple are not meant to live together, but if the guy is going to say he supports the EU citizen, and for the EU citizen to be self- sufficient, he will be required to show the following.
1. his resource is sufficient to maintain his home and that of the EU national's home.
2. That the EU national has access to these resource.
3. That the CSI covers her pregnancy and the treatment she is receiving for it is covered by CSI
4. That she is not on social security benefits, which will indicates she poses an unreasonable burden on UK resources.
Self sufficiency is not simply showing payslips and say i work and have CSI, all factors will be accessed, except the are concealed, and the UKBA is unable to investigate them.
private medical insurance policy which covers you for medical treatment in the majority of circumstances may still be acceptable where:
it has a certain excess attached to it;
there are exclusions in the policy for pre-existing conditions;
it does not include cover for maternity or pregnancy arrangements; and
it is an international private medical insurance policy.
http://www.ukba.homeoffice.gov.uk/eucit ... ealthcare/