EEA3 and EEA4 Comprehensive Sickness Insurance

[begona]

Hello,

I have read a lot of cases in this and other forums but nothing so far answers 100% the doubts I have with my case:

Soon my family will have been living in the UK for 5 years and we want to ask for a Permanent Residence Card and later for the British Citizenship. These are the facts:

1) I am a EEA member (Spain) as well as my kids (9 and 11) living in Scotland
2) My husband is Venezuelan and lives with us in UK with a Residence Card that will soon expire.
3) My husband has been working since we arrived and pays NI and taxes and is who has been supporting me and my kids.
4) I have not worked all this time because I have been looking after the kids.
5) Because I do not work, I have a private Comprehensive Health Insurance (since I arrived) to probe that I have exercise the Treaty Rights during the past 5 years. The kids have not had this insurance. My husband has had private CSI during the last 2 ½ years.


Questions:

If we all apply at the same time (EEA3 for me and my kids and EEA4 for my husband), do the kids need to show a Comprehensive Insurance during the 5 years? (Because my husband works and pays taxes I thought they shouldn`t) or should they?. Does my husband as well?. I know that I MUST have one to exercise the Treaty Rights (Self-sufficient) but I am not sure about the kids and my husband.

I appreciate if someone can help me

Regards,

[Jambo]

I think you will be OK with the kids. In any case, PR for the kids doesn't give them much. They don't need it for BC application. I presume you are aware that Spain doesn't allow dual nationality and you will lose your Spanish citizenship if apply for a British one.

You might find it difficult that your husband CSI doesn't cover the full 5 years but the HO might not notice that.

[begona]

I think you will be OK with the kids. In any case, PR for the kids doesn't give them much. They don't need it for BC application. I presume you are aware that Spain doesn't allow dual nationality and you will lose your Spanish citizenship if apply for a British one.

You might find it difficult that your husband CSI doesn't cover the full 5 years but the HO might not notice that.

Thank you very much Jambo.

Yes. I am aware that Spain does not accept double nationality (except with the Ibero Amerian countries.... in fact I am Spanish and Venezuelan at the same time), but I was hoping that if I don`t inform Spanish authorities about my British Citizenship (when I get it), they will not have a way to know. Do they?.

I have not problem staying as Spanish but since the kids are going to live and study here, I think is much better for them to acquire the British one. Do you say that they do not need a PR to apply for the BC?. Can you please explain it to me a little bit more?. If I and my husband apply for the PR (not including the kids), can I or my husband ask BC for them later?

So far, the priority is to get my husband`s EEA4 once his RC expires. You say that maybe HO wont notice the time when my husband was missing a CSI but....what I do not understand is why he didn`t need it when applying for his RC and now...4 years later, when I start researching what we need for the next steps I find out that he should have had it since the beginning for the PR...sorry but it doesn`t make any sense. HO should have same criteria por RC and PR in an specific moment, shouldn`t they?.... if applying for the EEA4 and it is refused for his CSI...can I use this argument a a protest?

I know that is a lot of doubts but sorry, HO doesn`t help at all changing format and requirements frequently and it is absurd that people should be chasing the changes and adapting to them =(.

[Jambo]

Yes. I am aware that Spain does not accept double nationality (except with the Ibero Amerian countries.... in fact I am Spanish and Venezuelan at the same time), but I was hoping that if I don`t inform Spanish authorities about my British Citizenship (when I get it), they will not have a way to know. Do they?.

No idea. that's between you and the Spanish authorities.

I have not problem staying as Spanish but since the kids are going to live and study here, I think is much better for them to acquire the British one.

Why? Having a British passport won't really make them more British, I think.

Do you say that they do not need a PR to apply for the BC?. Can you please explain it to me a little bit more?. If I and my husband apply for the PR (not including the kids), can I or my husband ask BC for them later?

If the kids were not born in the UK, they can apply for BC once one of the parents apply for BC. Not before. As EEA nationals, they don't really need PR when applying for BC. PR is only required for adults applying for BC.

So far, the priority is to get my husband`s EEA4 once his RC expires. You say that maybe HO wont notice the time when my husband was missing a CSI but....what I do not understand is why he didn`t need it when applying for his RC and now...4 years later, when I start researching what we need for the next steps I find out that he should have had it since the beginning for the PR...sorry but it doesn`t make any sense. HO should have same criteria por RC and PR in an specific moment, shouldn`t they?.... if applying for the EEA4 and it is refused for his CSI...can I use this argument a a protest?

When did you apply for RC? Did you apply as self sufficient from the start? Then you have a good case to ask for exemption. See similar case - CSI for PR.

[begona]

Yes. I am aware that Spain does not accept double nationality (except with the Ibero Amerian countries.... in fact I am Spanish and Venezuelan at the same time), but I was hoping that if I don`t inform Spanish authorities about my British Citizenship (when I get it), they will not have a way to know. Do they?.

No idea. that's between you and the Spanish authorities.

Of course. Thanks anyway
I have not problem staying as Spanish but since the kids are going to live and study here, I think is much better for them to acquire the British one.

Why? Having a British passport won't really make them more British, I think.
Well, just in case UK lives the EU (Cameron wants it and there is going to be a referendum about it)

Do you say that they do not need a PR to apply for the BC?. Can you please explain it to me a little bit more?. If I and my husband apply for the PR (not including the kids), can I or my husband ask BC for them later?

If the kids were not born in the UK, they can apply for BC once one of the parents apply for BC. Not before. As EEA nationals, they don't really need PR when applying for BC. PR is only required for adults applying for BC.

Great. Good to know =)

So far, the priority is to get my husband`s EEA4 once his RC expires. You say that maybe HO wont notice the time when my husband was missing a CSI but....what I do not understand is why he didn`t need it when applying for his RC and now...4 years later, when I start researching what we need for the next steps I find out that he should have had it since the beginning for the PR...sorry but it doesn`t make any sense. HO should have same criteria por RC and PR in an specific moment, shouldn`t they?.... if applying for the EEA4 and it is refused for his CSI...can I use this argument a a protest?

When did you apply for RC? Did you apply as self sufficient from the start? Then you have a good case to ask for exemption. See similar case - CSI for PR.

I have been self sufficient since I arrived (I have been looking for work during all this time but I haven`t found anything to suit my profile...I did register in a JobCentrePlus office when I arrived, I have several applications and refusals, but I know that I can not apply as Jobseeker for this long time. Maybe I can do it for the first 6 months but it doesn`t solve the problem because my husband`s CSI started later.

About the case you refer, I understand is that UKnow applied before me. We did apply for RC in June 2009 (EEA2 version 05/2008). In this case they did ask for CSI for the Sponsor only (EEA National - me) and we thought that this was the condition for me to stay as Selfsufficient (regarding CSI) and because my husband works and pays NI I didn`t think he needed it. By the time we did not check the EEA4 form but now, checking the EEA4 version of that time, I see that for me to be Self Sufficient I needed CSI for the whole family.

The above is completely crazy...why don`t they just ask CSI for the whole family in the RC process if they know that RC is for the next 5 years?. I didn`t think in checking the requirements of a status I was going to ask for in the following 5 years !!!. And this is happening today as well.

Reading the current EEA4 in detail I found that in SECTION 7 – DETAILS OF THE EXERCISE OF TREATY RIGHTS FOR 5 YEARS, it says:

If your EEA national family member has already acquired permanent residence, please provide EITHER their document certifying permanent residence (if they have one) OR evidence of how they acquired permanent residence, for example evidence of exercising Treaty rights for a continuous period of 5 years prior to the date at which they acquired permanent residence.

Then I am thinking that then I should apply first for my EEA3 (I can prove my self sufficiency with the CSI and bank accounts) and once I get it (which understand is pretty fast) then my husband should apply for his EEA4?.

Thanks again Jambo

[Jambo]

This is likely to work. You probably be better without sending your husband's proof of CSI for his EEA4 application. Better not to rock the boat.