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, and before the 01/04/13, because I did not have medical insurance.self-sufficient, as defined under the Regulations from 07 October 2004 and 31 March 2013
.decided to refuse the confirmation that you (I) seek with reference to Regulation 15 (1) (a) of the Immigration (EEA) Regulations 2006
1) You will breach continuity of residence regulations if you are absent more than 6 months in any 12 month period (based on anniversary of coming to UK).AndreG wrote:T...
Here's my questions:
1. Can my wife stay and work in the UK while I'm working in Dubai? If I come to the UK every 3 months for 1 week, pay the London council tax and health insurance (for the two of us) could I be classified as "living in the UK"? Is "living in the UK" an essential requirement?
2. If I can briefly work outside the UK (2 years), can I then return, apply for citizenship and my wife apply for a permanent residence card? Would we have problems getting these applications approved because of my leaving?
Thank you.
Best Regards,
AndreG
Most unfortunate.AndreG wrote:Dear Sir/Madam,
I was wondering if you could help me.
I am a Portuguese national residing in the UK as a student between September 2004 until December 2013 and as a self-sufficient person/worker ever since. I have been self-sufficient throughout this time including the time I was looking for work, volunteering, briefly working as a writer and until September 2015 when I became employed full time.
...
Today, I received a refusal along with my documents.
Important details:
- I am married to a non-EEA citizen.
- my PhD project took place between 12/01/09 and 01/12/13 (dates recognised by the Home Office).
- My (and my partner's) comprehensive medical Insurance started on the 01/04/13 (also recognised by the Home Office).
The Home Office accepted that I was a student and employed in the posts and times stated. They also accepted that I had sufficient funds throughout all of my time in the UK.
However, they did not accept that I was, and before the 01/04/13, because I did not have medical insurance.self-sufficient, as defined under the Regulations from 07 October 2004 and 31 March 2013
...
So, they are unable to determine that I have been exercising Treaty rights in the United Kingdom for a continuous period of 5 years and have.decided to refuse the confirmation that you (I) seek with reference to Regulation 15 (1) (a) of the Immigration (EEA) Regulations 2006
I do not have a European Health card issued in Portugal since I left Portugal when I was 18 y.o. and did not work until then. This is because it is a requirement to pay taxes in Portugal before you can have such a card issued (what I was told in January 2013 when I requested, and was denied one).
Do I have any valid arguments for an appeal?
Does the fact that I have never used the NHS help?
Does the fact that I was a student before 01/04/13 help?
Were students, prior to 2013, really required to hold medical insurance for the purposes of a PR card/British citizenship?
Thank you in advance for any help you can provide.
Access to NHS is not the issue. You are entitled to use the NHS by being ordinarily/habitually resident in UK.AndreG wrote:Dear Casa,
I have been looking through my documents and found that I have an NHS medical card issued to me by the Primary Care Trust as I started my PhD (the card is issued on the 12/02/09). Ironically, the card has this description: "...is proof that you are entitled to NHS treatment".
Actually this refusal came as a surprise exactly because I remember both Universities stating that as a student in the UK I was entitled to treatment in the NHS. This was why I never considered taking private medical insurance while I was a student. Never needed it anyways.
Can I appeal under the justification that:
1. I was mislead by both Universities on the importance of acquiring medical insurance and never using the NHS, and,
2. Treaty rights are an extremely important piece of information that should have been made aware to all students entering the country, and that both Universities and the Home Office have omitted.
Best regards
You can try. You may need deep pockets.AndreG wrote:Dear noajthan,
reply to point 1
Universities in the UK have immigration advisors. I have used them in the past. Please see below:
http://www2.le.ac.uk/offices/welfare/about-us/staff
http://www.southampton.ac.uk/studentser ... index.page
reply to point 2
Maybe the information you referred regarding CSI is well publicised in 2016, as it should be. Prior to 2013, as a student, I never came across it. However, my point was that we should not have to search for it. It is important enough to be in a University booklet (or Home Office flyer) and the immigration advisors at the University should have known.
Do you think the appeal is not worth chasing?
Thank you for the help.
Best regards
See this information (including a HO IDI on CSI) which was in the public domain as long ago as 2011:The Immigration (European Economic Area) Regulations 2006 set out the rules and requirements for members of the European Economic Area (EEA) who are seeking to remain in the UK.
The Regulations have always required ‘self-sufficient’ EEA members and ‘student’ EEA members to have Comprehensive Sickness Insurance.
+1noajthan wrote:students are intelligent, free agents and could be expected to inform themselves of necessary steps to take when migrating (eg including medical precautions, vaccinations, procuring an EHIC etc).