- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
The Appellant applied for confirmation of permanent residence as the spouse of an EEA national exercising her treaty right but his application was refused because his wife had not obtained sickness insurance. The Appellant argued that as his wife was entitled to use the NHS she did not need private insurance cover to do so.
The Upper Tribunal rejected this argument and the Appellant appealed. The CA dismissed the appeal. It ruled that an EEA national, when exercising a Treaty right as a student, would only have lawful residence if they had comprehensive sickness insurance. This could not include the public healthcare system of the host state because that would defeat the object of the Directive, namely relieving the state of the cost of providing healthcare in the first five years of the EEA national's presence in that state.