Clash of judicial systems

by Evgeny Zharskiy

Clash of judicial systems

by Evgeny Zharskiy
Evgeny Zharskiy
Case Owner
Russian professional with two honours degrees from the University of Aberdeen struggling to survive in London due to being caught up in the judicial system. Always paid my taxes.
Closed
on 17th July 2019
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Evgeny Zharskiy
Case Owner
Russian professional with two honours degrees from the University of Aberdeen struggling to survive in London due to being caught up in the judicial system. Always paid my taxes.

Challenging legality of the requirement to have a comprehensive sickness insurance for EEA nationals

Who am I?

I am a Russian national and I have been living in the UK since August 2006. I came to the UK for better education and qualifications. I developed my family and private life, met my wife, made lots of friends and discovered the new world for myself!

We met in Scotland: there was a fairly large Russian-speaking community in Aberdeen and we had common friends there. I proposed to her on the beach in Aberdeen during one of the hottest days that spring. I believe it was super romantic and we have registered our marriage on 28 May 2012. It seemed as a rational thing to do as I turned 24 and had a substantial amount of pressure from my family to start building a family. All my family lives in Russia to this day. At the time I was the happiest person in the world as I believed I found the one who would be by my side all time!

Unfortunately, our marriage was not plain sailing. I believe this was down to our relative youth. Despite making genuine efforts to keep our marriage going, we parted by 2015 and got divorced in December 2017. 

Now the Home Office is rejecting my right to stay in the UK and continue the life I have built.

My Case

I want to challenge the Home Office’s requirement to have the comprehensive sickness insurance and take it to the justice fighting its unlawfulness. None of the EEA member state has the same requirement as the UK government has imposed, yet no challenge was brought raising the concerns. I'm doing this not just for myself but for the others who have come to the UK to build their lives and

Case Background

In accordance with the Immigration (EEA) Regulations 2016, I was advised to apply for Permanent Residence. My application does fall under the requirements for the permanent residence as:

  1. our marriage has lasted for five years;

  2. we lived together for at least 1 year in the UK; and

  3. both me and my wife were working when the divorce proceedings started.

My wife is an EEA national and always undertook employment. Yet, I was the main breadwinner in the family. As a man in the family I would not allow her to work endlessly. Hence, there were occasions when my wife would take long breaks from work. Her employment records were challenged by the Home Office at later stage of my life and our family arrangements did not “satisfy” the Home Office.

I have submitted an application requesting the Home Office to issue me with a Permanent Residence Card. However, while the Home Office considered my application I have lost my job due to my visa expiring and my employer not willing to take any extra risks with an undocumented worker. This is due to the failure of the Home Office to send a letter confirming my right to undertake employment in the UK while appealing the decision mentioned later in this "story". I was informed that a "Certificate of Application" takes two weeks to be issued, but it took the Home Office almost 12 months. Currently, I do not have a job as none of the employers want to on board me as I have a huge gap in my employment and most companies are very sceptical in taking people with no valid visas.

On top of everything, the Home Office refused my application and did not consider me to be eligible to hold retained rights of residence because of my wife’s employment records. I had no other option but to proceed with the appeal to the First Tier Tribunal.

Despite the fact that I am fighting my case and trying to prove unlawfulness of the decision I am now left in complete limbo. This is because the Home Office wants me to prove that I worked for the last five years before I issued the appeal proceedings. Considering the Home Office’s failure in service of the Certificate of Application letter in time, I am left unemployed since 2018.

I faced a further challenge from the Home Office, who is refusing to consider the fact that I have acquired my permanent residence some two-three years ago. It is the allegation that because my wife was not working full time and was considering herself as self-sufficient person due to my financial support, she should have had her comprehensive sickness insurance in place. 

It is my opinion that this requirement is unlawful. Why a non-EEA national is not required to have the comprehensive sickness insurance under the same circumstances as me and my wife currently are? Is not it discriminating the rights of the EEA nationals? Is not it diminishing the main function of the Free Movement Directive?

My answer to these questions is this: “Yes, the Home Office policy is unlawful and discriminatory towards the EEA nationals’ rights”.

I came to the UK at the age of 18, formed my adult life here and consider the United Kingdom to be my home. I have lived for over 10 years of my life in this country and now I am required to leave it because to the unlawfulness of the EEA Regulations 2016.

I ask your support in this case in order to bring justice to the houses of those EEA nationals who are currently facing the same difficulty as I am.




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