EEA4 Refusal due to Comprehensive cover

[Saviana]

Dear All,
I'm new to the forum.
May be my query has been answered before.
I'm a spouse of a EU national - been maried for 9 years now.
Lived in the UK from 2007 till now.
Refused EEA4 on basis of my comprehensive medical cover expired on 2012 and we did not renew it. Had the insurance cover from 2008-2012...
EU spouse works for a foreign company...but submits all his annual tax returns in the UK.
EU spouse's a sea farer and sometimes sails on "non-British waters" as the home office puts it.
Home office aknowledged in their refusal letter that we are "financially stable hence not a burden to state but that I did not clearly show that we had comprehensive cover for 5 years."
When I applied, I did not include the expired insurance cover coz I did not think they will need to see an expired one! big mistake.
Now we have bought a new comprehensive cover, trying to get home office to reverse their decision.
We've appealed the decision and also asked the home office to review their decision.
How likely is that to happen? Anyone done it or heard of anyone whos' gone through this before?
Forgot to say, I have also been working and paying taxes for 5+ years...though as a non-EU my paying of tax doesnt really count!
shame!
Many thanks.
Saviana.

[Universal soldier]

Was the EU national exercising treaty rights by self sufficiency? Did you attach eu national bank statements showing funds? How much balance you shown for self sufficiency? If Eu national working even in foreign company who registered with HMRC and eu national paying tax the eu national is a worker.

[Obie]

If he work for a Foreign company in the UK, then why is he not considered as a worker?


Is he physically present In the UK?

[Saviana]

Thanks Universal soldier.
EU national was exercising EU treaty by self sufficiency.
How much balance for self sufficiency? Well I will not divulge such information in a public forum but it was enough for the home office to write "It us clear from your joint bank statements that you're financially stable ..."

[Saviana]

If he work for a Foreign company in the UK, then why is he not considered as a worker?


Is he physically present In the UK?

Obie: EU national is a sea farer - sails around the world. The company EU national works for is international. He is in the UK when he finishes his sea farer duties.

[Saviana]

The company he works for is foreign not in the UK, though wages are paid into our UK joint account. Always do our tax returns in the UK...provided bank statements, council tax, bills, for the last 5 years...
Oh I forgot to say EU spouse had/has been living in the UK for 20+ years...

[Obie]

Well if he has lived in the UK for 20 years, then he must have worked in 5 of those 20 years in the UK, so he might j
have secured PR already.

You should succeed in your appeal, witj good representation as I believe the decision is not fully reflective of your circumstance.

[Saviana]

Well if he has lived in the UK for 20 years, then he must have worked in 5 of those 20 years in the UK, so he might j
have secured PR already.

You should succeed in your appeal, witj good representation as I believe the decision is not fully reflective of your circumstance.

Obie: thanks, everyone is telling the same thing that I have a strong case. But then this things with the home office can be stressful and unpredictable. The only thing is, with the EU applications when it comes to the non-EU national they only count the 5 years your EU national has been exercising the EU treaty rights... The 20+ years are irrelevant... That's what different people are telling me!

[Obie]

Well unfortunately the different people are wrong. I cannot say more than that I'm afraid.

Provided of course he has not lived outside the uk for more than 2 year within the last 5 years.

[Saviana]

Well unfortunately the different people are wrong. I cannot say more than that I'm afraid.

Provided of course he has not lived outside the uk for more than 2 year within the last 5 years.

Obie: he has never lived more than two years out of the UK for the last 20 years... The home office actually says that it's six months required not to be out of the UK at any given year. He kept his EU country nationality so he was only a resident in the UK...

[Obie]

Thats very good. I wish you guys the very best with your case.

[Saviana]

Thats very good. I wish you guys the very best with your case.

Thanks Obie.
Will keep you guys updated. Hopefully the outcomes will be positive, fingers crossed.

[Obie]

It should be successful, if you get a competent rep and the preparation and presentation is done with vigor.

[vinny]

See also Lassal.

[Saviana]

It should be successful, if you get a competent rep and the preparation and presentation is done with vigor.

Obie thanks again.
We do have a competent solicitor, he seems to have laid out the case very well.
He is trying to argue our case on the lines of our expired csi for 6 months or so that we were not covered. Because the home office brought up the issue of my EU sponsor's job "being a sea farer and sailing on non-British waters..." He's arguing that the EU sponsor had the wages paid into our UK bank account all the money was spent here, the annual tax returns, bills, etc... And also the EU sponsor being a trained sea farer, what other work were they expecting him to do other than sailing...? These are some of the questions we are asking the HO.

[Saviana]

See also Lassal.

Thanks Vinny.
I've read a bit on lassal case... It's a little bit similar but not that much.
She has more time in the EU than me.
She doesn't have to deal with EU spouse's job and an expired CSI...
Though reading through her notes I found that helpful thanks.

[rawesp]

Hi , I had the same problem as yourself and mine was refused because of the comprehensive sickness insurance, i obtained it from
http://www.freedomhealthinsurance.co.uk/quote?A=162 and they understood why i needed it etc and gave me a policy that the Home Office would be happy with, i reapplied and was granted my family permit.

[Saviana]

Hi , I had the same problem as yourself and mine was refused because of the comprehensive sickness insurance, i obtained it from
http://www.freedomhealthinsurance.co.uk/quote?A=162 and they understood why i needed it etc and gave me a policy that the Home Office would be happy with, i reapplied and was granted my family permit.

@rawesp, I have a new full comprehensive cover from bupa.
Yours was a family permit, it's much easier, mine is permanent residency, requirement is to have the csi for 5 years, I had mine for 4.5 years... That's my problem.
What do u mean they understood your problem?
Can they back track insurance cover?
Thanks.