EEA Family Permit -> I can't register with doctor

[milenio4ar]

Hi everyone!

My partner is Spanish and I got a family permit to settle here in the UK. We are both working, with National Insurance number, paying NIC, etc. But like any other family permit issued abroad, it's valid only for 6 months.

Today I tried to register with a GP, and I was refused because my family permit expires in 2 months. Receptionist said I should get "more time in my visa".

I guess I'm expected to wait until my residence card is issued (it's taking 5 months time), before getting any medical assistance. Considering that I'm paying almost £360 in tax for NIC every month, it sounds just so unfair.

Any suggestions?

[thsths]

Today I tried to register with a GP, and I was refused because my family permit expires in 2 months. Receptionist said I should get "more time in my visa".

I had no problems registering with my GP, but you will find a number of similar questions on this forum, so sometimes problems do appear

Because you pay NI, and because the family permit is leading to settlement, you have a right to join the NHS. Maybe you should try another doctor, since some know the rules better than others. If that does not help, complain with your NHS trust. They should at least be able to assign you a GP.

Tom

[evil_grrrl666]

the people working for GPs don't really know what rights you have. They just look at their rules which state "visa for more than 6 months" and complain about it. You should either try and convince them of your rights (and you DO have the right to treatment under the NHS!) or find another doctor who is more easily convinced.

I just had some fun of my own trying to register with a GP.. they seem to be very picky about what address proof they accept. My husband gave a confirmation that he is on the electoral roll and they did not have any problems. When I showed that, they said it was not on their "list"! That shows that even two people in the same GP office do things differently!

[milenio4ar]

Well... bad news, I got this reply from pals@greenwichpct.nhs.uk:

Dear Sergio

I have tried to call you today re your registration with a GP and left a message. You are entitled to be seen for "immediate and necessary care" at the GP practice until you are able to obtain your residence card. There are also walk-in nhs centres where you could be seen. Unfortunately as you only have 2 months left on your visa you are not entitled to register with the GP.

If you require any further help please contact me on the number below.

Many thanks.


Carol Bull

[John]

Hmm, absolutely not impressed with that! Totally inaccurate. Suggest you go back to them and ask them to quote the legislation to you, about the length of time on the EEA Family Permit being relevant. And you also might like to ask them to have a read of the EU regulations that came into force on 30.04.06, because of course Treaty Rights will not end on the expiry date of the current EEA Family Permit.

What do I know about this? Prior to their abolition I was the last-ever Chair of the local Community Health Council. PALS were one of the successor bodies to CHCs, and what you post confirms in my mind that the expertise of CHCs was lost, thanks to the Government.

Don't give up on this. Also suggest you contact the Primary Care Trust which covers the GPs surgery that you are trying to register with.

[thsths]

Hmm, absolutely not impressed with that! Totally inaccurate.

I agree, that statement is just wrong. It is surprising that a PCT is so oblivious, but I guess you have to escalate it up the NHS administration.

Also suggest you contact the Primary Care Trust which covers the GPs surgery that you are trying to register with.

I though that is what he (milenio4ar) did?

Tom

[John]

I though that is what he (milenio4ar) did?

I suppose, in a sense, he did, but he contacted PALS, rather than the management of the PCT. That is what he should do next, to contact the management at the PCT.

If that does not work, he should make a formal complaint against the PCT, and that might just involve people who actually know something about this matter.

It needs to be appreciated that since the EU regulations came into force on 30.04.06 there is actually no compulsion for non-EEA family member to apply for their Residence Card, using form EEA2. Or put it another way, the Residence Card, when issued, is merely confirmatory of the rights already possessed. It does not actually grant additional rights to those already held.

Having said that, making an EEA2 application is a good idea, if only because the Residence Card readily confirms the ability to work, and the easy ability to re-enter the UK after an absence.

[evil_grrrl666]

It is a very frustrating and irritating fact that LOADS of people have no clue about the rights of family members of EU citizens. All you can do is fight. Why should you pay NI contributions and not be entitled to NHS services.

[Directive/2004/38/EC]

You should contact Solvit. http://eumovement.wordpress.com/help-eu-solvit/ They should be able to quickly help. Their whole role is to educate people like this who do not understand EU law.