EEA3 EEA4 NEED HELP PLEASE..

beinghuman · Post by **beinghuman** » Fri Apr 12, 2013 3:40 pm

Hello

I read a lot about this forum and quit happy that people got really good help from here so i am one of them who looking help as well and i am sure someone will really help me

Well i am married with EU national going to apply EEA3 EEA4 and i am NON EU family member so i need to ask question:
we both came in uk 14/06/2008 and first 3 months my wife don t had any job and she got job in September so can i show self sufficient OR job seeker but we don t had proof to show that she was looking job because we don t had internet access on that time OR any other opinion ,,?

Thanks
waiting someone response

Post by **Jambo** » Fri Apr 12, 2013 3:43 pm

For the first 3 months the EEA national is not required to exercise treaty rights. You will be fine.

beinghuman · Post by **beinghuman** » Fri Apr 12, 2013 3:48 pm

Thanks very much Jambo you are the hero of this forum i read a lot about your help in this forum

Sorry for another question : My wife was 3 years full time student how i can proof CSI i had only for one year and i got NHS cards and as well EHIC cards all are valid until 2015 so i am confused about this as well ..

Again thanks very much you people are real hero to help others

Post by **Jambo** » Fri Apr 12, 2013 3:59 pm

Is the EHIC issued by the UK or another EEA state? UK issued EHIC can't be used as CSI (this is basically your cover in other EEA countries).

Did she apply for EEA1 as a student? This was not mandatory but if she did apply before 2011, the HO would waive the CSI requirement.

Did she work part time while being a student?

If she only had CSI to cover her for one year and can't provide evidence to cover the two other student years, the HO is unlikely to confirm her PR status.

beinghuman · Post by **beinghuman** » Fri Apr 12, 2013 4:10 pm

Thanks for your help

So yea we applied our EHIC cards in UK and she applied EEA1 while she was working not student.She was working 1 year and then become student full time for 3 years

so i have no idea now what to do to cover 2 years while she was full time studying any advice what to do ? please

thanks again

Post by **Jambo** » Fri Apr 12, 2013 4:23 pm

Is she able to obtain a letter from the health authorities in her home country confirming she was covered by them during her studies? (Some EU countries would still consider you covered).

You can still try to apply (little chance without CSI but if you provide CSI for one year maybe they will miss out she wasn't cover for the whole 3 years). Or apply for another 5 years RC.

beinghuman · Post by **beinghuman** » Fri Apr 12, 2013 4:30 pm

Thanks for your reply

I was just reading on EEA 3 application form its wrote like this:-

You must provide either a private comprehensive sickness insurance policy document
that covered for medical treatment in the majority of circumstances, or a European
Health Insurance Card (EHIC) that covered the 5-year period of residence in the UK

is a same one or its different card
Thanks

Post by **Jambo** » Fri Apr 12, 2013 4:40 pm

They mean a non UK EHIC.

EHIC is used as proof of medical travel in other EU countries. A UK EHIC is not valid in the UK and is for travel abroad. You get the EHIC in the UK to cover you abroad because you are covered by the NHS in the UK. The HO wants evidence of medical insurance that doesn't rely on the NHS (such as a foreign EHIC).

beinghuman · Post by **beinghuman** » Fri Apr 12, 2013 5:57 pm

Thank very much for your reply

I just checked my documents my wife applied EEA1 while she was full time student and working part time. She applied EEA1 before 2011

Thanks GURU/JAMBO
Waiting for your response

Post by **Jambo** » Fri Apr 12, 2013 6:35 pm

When she applied for EEA1 did she provide evidence of her study or her employment or both?

beinghuman · Post by **beinghuman** » Fri Apr 12, 2013 6:44 pm

Thanks Guru

Yea i just checked documents she applied both student and worker

Thanks Again

Post by **Jambo** » Fri Apr 12, 2013 8:19 pm

If she would have applied only as a student, she would been exempted but not if applied as a student and a worker.

Apply with what you got and cross your fingers.

beinghuman · Post by **beinghuman** » Sat Apr 13, 2013 4:22 pm

Thanks for your reply

But she was registered EEA1 as a student so i don t think it should be any problem because i can not see Annex B – Comprehensive sickness insurance - transitional arrangements for student that you are registered as a both then still you need CSI or not.

They can not refused because she was was registered EEA1 As a student and worker could you please right me if i am wrong

Thanks Guru again

Post by **Jambo** » Sat Apr 13, 2013 6:18 pm

Although the EEA Regulation 2006 require students to have CSI, in practice until 2011 the HO didn't enforce it on students applying for EEA1. That's why an exemption is given in those case (they can't ask you to have something they didn't ask in the past).

However, workers never needed CSI so if she applied as a worker + student she would not have needed CSI in any case so the exemption argument is not valid in this case.

Post by **Amber** » Wed Nov 13, 2013 3:59 pm

beinghuman wrote:HI THERE
I GOT REFUSED EEA3 COZ I WORKED 2011 TO 2012 N SAME TIME I WAS FULL TIME STUDENT BUT EMPLOYER DID NOT PROVIDED ME PAY SLIPS. HE JUST GIVE ME EMPLOYER LETTER AND I ATTACHED WITH THE DOCUMENTS. THEY REFUSED WITH REASON ITS NEED PAY SLIPS CORRESPONDENCE TO BANK STATEMENTS WHICH IS NOT POSSIBLE.

PLZ IF ANY ONE CAN HELP

Post by **Amber** » Wed Nov 13, 2013 3:59 pm

Please do not shout.

beinghuman · Post by **beinghuman** » Wed Nov 13, 2013 4:09 pm

Sorry did not knw writing in capital is shouting..

could any one help plz

Imshzd · Post by **Imshzd** » Wed Nov 13, 2013 5:38 pm

I thing your refusal is totally against thier policy.

Can you write down your full refusal letter.

Post by **Obie** » Wed Nov 13, 2013 11:21 pm

Well you say you were employed, and i agreed that the Home Office should not simply refuse on the basis that no bank statement or payslips. Several Judgements of the CJEU indicates that a person does not have to be paid in cash, they can receive payment in any capacity, so long as the work is effective and genuine.

The question is how can you demonstrate that the work you undertake was effective and genuine rather than ancillary or marginal in nature?

You need to show that you received some form of remuneration, and that the work you undertook had some economical value to both you and the person on whose authority it was done.

dalebutt · Post by **dalebutt** » Thu Nov 14, 2013 8:43 am

Obie could you kindly provide a link to any of the judgements with regards your post above, it will be advantageous to have it. Thanks.

Post by **Obie** » Thu Nov 14, 2013 10:03 am

I can only think of Udo Steymann . I believe there are few more, can think of it of the top of my head.

dalebutt · Post by **dalebutt** » Thu Nov 14, 2013 10:17 am

Thanks obie, one will do, I now have to read it.

beinghuman · Post by **beinghuman** » Thu Nov 14, 2013 2:46 pm

Thanks very much for reply

Well it was genuinely i worked because whatever i get paid i deposited in bank every month of course not the same amount what i earned because i was paying Rent, buses, food from that money.

employer is happy to provide me any help and he said he can give me contract of employment and full details how much was my earning and hours so could anyone tell me is can be fine ..?

Thanks Obie

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EEA3 EEA4 NEED HELP PLEASE..

EEA3 EEA4 NEED HELP PLEASE..