Residence card refused

[perilomo]

Hello everyone,

I have a little bit of a problem, i have moved to live in the UK with my wife (Which is a Polish citizen) with an EEA Family Permit back in September last year. The EEA Family Permit is going to expire this month (In about 4 days). I have applied for a residence card in January this year and today i've got a notice that it was refused because of some sort of insurance my wife (A student) needed to have to study in the UK.

My wife currently is studying in a chemistry course in Newcastle University without any problem and with no said insurance, we also have stated that the university or none other organization ever have asked for "Comprehensive sickness insurance" in order for her to study. None the less the application was refused regardless.

Now that i have received my documents back i only have 4 days before my EEA Family Permit expires and i completely have no idea what to do, nor what the EEA Family Permit allows me to do if expired.

The letter states that i am supposed to get back to Israel and leave the UK as soon as possible or a deporting act will be issued.

Any help and advice will be very appreciated.
Thank you in advance

Edit:

After reading some more on these forums i have noticed that a lot of people saying that i am not supposed to be deported, nor i need to leave the country and that FP is allowing me to stay even after it expires.

Am i understanding it correctly? And if so - Will my eligibility to work in the UK is reserved as well?

Thank you in advance for replying

[chaoclive]

Hi. I don't have all the details but your spouse (the EEA national) should have Comprehensive Health Insurance. You can run a search for this on this forum.

Here are some links that provide more info:
http://www.ukcisa.org.uk/International- ... -students/
https://contact-ukba.homeoffice.gov.uk/ ... ealthcare/

[perilomo]

Thanks for the fast reply, but my most immediate concern is my stay in the UK. I cannot find information anywhere if i can actually stay in the UK after the FP expires.... And what should i do to still be able to work here.

Also is it possible to appeal for the application after getting such an insurance?

[ShrewsburyMark]

You can still stay in UK after expiry of Family Permit; it's just an entry visa. You have the right to be in the UK as a spouse of an EEA national. If you leave the UK you will need another EEA FO to re-enter.

[perilomo]

Thank you so very much for the reply!

You have just literally dropped a huge stone off of my heart! Now only for the rest of the legalities.

What about working in the UK? Do i need any special notes right now? Or just re-apply for a RC will be the only option?

Also if we will buy the insurance at the nearest Monday, will it be possible to appeal for the decision and be successful? Or will we need to re-apply for the form from scratch and wait the 3-6 month again?

Thanks in advance =)

[bluer32]

SMark is correct.

You need to become familiar with the EU Directive. Your rights are defined there, not by the arbitrary comments of your caseworker. Your rights under the relevant EU Directive as amended supersede the UK immigration laws. In fact, you are explicitly NOT subject to immigration control.

Once you can cite the relevant bits of the EU Directive to whomever, you'll feel much more confident. In the mean time please, send a letter requesting reconsideration by your caseworker explaining that you have begun the process of obtaining CIS.

Once done, send evidence of same to your caseworker using the case reference number.

Having done that much, relax. The ball is then in the court of the UKBA.

[perilomo]

Hello again,

I have been trying to look for EU Directive all over the internet but with no luck. Where can i find it so i can read everything related?

Also

In the mean time please, send a letter requesting reconsideration by your caseworker explaining that you have begun the process of obtaining CIS.

bluer32, you mean the appeal form? Or some other means of contacting them? Because i already have received all of my documents back with the note of refusal, so i am a bit confused to what you meant. How can you contact the caseworker (I don't know who that even is)

[chaoclive]

Not sure how you couldn't find it:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF
Just search for: DIRECTIVE 2004/38/EC

[perilomo]

Thank you for your reply chaoclive, i just did not know what to look for exactly as this is the first time i am meeting such circumstances.

I have read through the article and found out the next line:

"Irrespective of nationality, the family members of a Union citizen who have the right of
residence or the right of permanent residence in a Member State shall be entitled to take up
employment or self-employment there."

Does this still applies to me? Even after the FP is expired?
Also i did not understand the post by bluer32, how can i contact the caseworker if the only option i am given right now is to appeal via the tribunal? Did you mean the appeal form itself? Or just re-apply for EEA2 for RC?

Thank you very much for the help so far! I am just really bad with legalities and actually understanding all the terminology in such documents, so i might have missed something.

Your help is much appreciated!

[askmeplz82]

Reapply with Comprehensive sickness insurance you will be fine. but make sure it's comprehensive
You can buy one today

[chaoclive]

Out of interest: can the CHI be backdated? I guess not. If not then what does a person residing in the UK as a student for 5 years (without CHI) do when their application for PR (EEA3) is rejected because they don't have CHI? [Just out of interest.]

[perilomo]

My wife resides here not as a student. She lives in the UK for more then 8 years now and she have been studying from high school and now she is a student.

She have never applied for EEA3 because no facility have required it and the university have accepted her for second year now with no problems.

She was living here with her parents since she was around 12 and have never had any issues of that sort. It is my application that was rejected which is EEA2 for a residence card and because of that i am seeking help.

I am really interested in the question of my eligibility to work in the UK now because i am still seeking for a job to be able to sustain us without asking money from parents as the money from university is not enough...

[chaoclive]

Sorry perilomo, my question was general in nature and unrelated to your case.

askmeplease82 already gave you an answer: reapply with comprehensive medical insurance.

[perilomo]

I have seen it, and yes thank you for that.

It just didn't tell me anything about my ability to work? If the FP is just an entry visa, then it should not be a factor for my eligibility to work as well? Am i right about this?

Thank you in advance

[chaoclive]

You are allowed to work on your EEA family permit as soon as you enter the UK. You actually are allowed to work as long as your spouse is exercising treaty rights here so you are free to work at present. The issue is that you can't prove it to an employer. Therefore, some employers will not be willing to take you on because you don't have evidence (in terms of a RC or other visa [once your EEA family permit runs out]) of this right.

If you know the employer well, you might want to show them the law (not sure exactly where you can find the part about being able to work) and hope that he/she is satisfied with that until you get your RC.

Here are some links that might start you off:

1) http://ec.europa.eu/social/main.jsp?catId=463&langId=en (from the European Commission website: "Family members: do not need a work permit to work, even if they are non-EU nationals.")

2) http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/ (from the UK Border Agency website: "You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national. However, you may be inconvenienced if you do not obtain this confirmation, as: -you may have difficulty proving that you are lawfully resident in the UK; -you may find it difficult to obtain or change employment.").

3) ttp://www.newlandchase.com/nc_blog/article/a_ ... e_proof_of (from an immigration law firm: re: a case proving that non-EEA national family members of EEA citizens do not need to provide any specific paperwork to prove their rights to work as this right exists from the point that they enter the UK: "the Judge held that as the non-EEA family member of an EEA national there was no requirement for a non-EEA national to have any paperwork proving her entitlement to work in the UK. The argument was that she was automatically entitled to work anyway and the paperwork merely confirmed this."

4) http://www3.imperial.ac.uk/hr/procedure ... permission (from the Imperial College London: "You have a right to work in the UK if you are: -a family member of a British citizen, EEA or Swiss national. You will normally be entitled to join them in the UK and look for work, regardless of your own nationality.")

[askmeplz82]

Out of interest: can the CHI be backdated? I guess not. If not then what does a person residing in the UK as a student for 5 years (without CHI) do when their application for PR (EEA3) is rejected because they don't have CHI? [Just out of interest.]

CSI backdated no

Students issued with a registration certificate ( EEA1 ) before 20 June 2011

If you were not asked to provide evidence of comprehensive sickness insurance, and later apply for permanent residence as a student, your application will not be refused solely on the grounds that there is no evidence of comprehensive sickness insurance on the date of decision .

Students issued with a registration certificate ( EEA1 ) after 20 June 2011, or never granted a certificate . You will need to provide evidence that you held comprehensive sickness insurance throughout the time you spent as a student.


source: https://www.gov.uk/government/uploads/s ... apter6.pdf

[chaoclive]

I dropped a line to the European Ops team re: right to work when the non-EEA national enters on a normal C visitor visa. I know that the info below is something we know, but getting it from them is always a reinforcement (which can be pulled up again in the future when things to wrong):

"The spouse of an EEA national has the automatic right to take work (or self-employment) without needing the permission of the Home Office if the following criteria are met:
-The EEA national sponsor is married to the non-EEA national spouse in accordance with the law of the country in which the marriage took place;
·The EEA national is exercising free movement rights as either a job-seeker, worker, self-employed person, self-sufficient person, student

A visitor visa will not prevent the non-EEA spouse from accepting an offer of work if the above criteria are met.

However, an employer may want to see some information from the Home Office to ensure they are acting legally, so a non-EEA national may have some difficulty in finding work before a Certificate of Application (COA) is issued. My advice is to wait until the COA has been issued, then you should not have any difficulties. A COA is always issued upon application, so you should not be waiting very long."

[perilomo]

Thank you all very much for the replies =)

I've got all the information and links i've needed! Amazing community, i have no way to even start expressing my gratitude!

Thanks again!

[noajthan]

@Vyzla, to avoid confusion & jumbled responses, I have moved your question to its own thread:
http://www.immigrationboards.com/eea-ro ... 02800.html