- 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
Jibola can provide any basis in law for this?Jibola wrote:Yes, we applied for permanent residency under EEA reulations. The health insurance clause does not apply to my wife because she is a British citizen and we were informed by an immigration officer to put this in my application.
I don't think a British National should strictly speaking be required to have Comprehensive Sickness Insurance, but if one is applying under EU law, they have to follow the procedures which applies to EEA nationals.Plum70 wrote:Jibola can provide any basis in law for this?Jibola wrote:Yes, we applied for permanent residency under EEA reulations. The health insurance clause does not apply to my wife because she is a British citizen and we were informed by an immigration officer to put this in my application.
My reasoning is that if your wife, a British citizen transferring from Ireland, wishes to use the EU Directive to bring her family over to the UK then the criteria for self-sufficiency apply - one of which is holding comprehensive sickness insurance for the whole family.
But doesn't the fact that the spouse is entering the UK under EU law exclude them from NHS access under the 'self-sufficient/student' route? Otherwise it may be seen as one rule for EU nationals and another for British nationals under EU law.86ti wrote:And wouldn't a British citizen have access to NHS anyway simply because he/she is a citizen?
If I understand the Eind case properly then it obviously states that the EU national does not need to exercise treaty rights in her own country after return (as far as I know Mr. Eind was not working until the final judgement which was only years after the initial application). Effectively the EU national is then treated as a permanent resident which as a citizen she would be anyway (sort of).Plum70 wrote:But doesn't the fact that the spouse is entering the UK under EU law exclude them from NHS access under the 'self-sufficient/student' route? Otherwise it may be seen as one rule for EU nationals and another for British nationals under EU law.86ti wrote:And wouldn't a British citizen have access to NHS anyway simply because he/she is a citizen?