COMPREHENSIVE SICKNESS INSURANCE acceptable by UKBA

[mcovet]

Hi everyone

Having looked through the forum tirelessly, i struggle to find even one definitive post about what types and providers of insurance services have definitively been accepted by the ukba.

I read that both BUPA and AXA have been rejected and at other tmes accepted.

Basically, any links or other suggestions based on personal experience would be greatly appreciated. It seems that they require emergency treatment covered, while this is impossible in UK u have ambulance service etc.

Anyway, please anyone with advice come forward, many people (including OP) need this advice.

Thx in advance

[JA13I]

http://www.bailii.org/ew/cases/EWCA/Civ/2006/1494.html

Hi Mr. thin ice, check out Lord Justice Sedley's opinion on the matter in this case-

As it happens, the child now has health insurance. But I would enter a caveat as to whether the Directive, when it speaks of "sickness insurance in respect of all risks" is necessarily speaking of private health insurance. The National Health Service, although now heavily funded out of general taxation, is in origin and in law based on national insurance. Nothing would have been easier, in the Directive and in the Rules, than to include the word 'private' if that alone was what was meant – especially since, so far as I know, private insurance rarely if ever covers all risks, such as the risk of requiring long-term medical care.

[mcovet]

Hey thanks for the reply. I had actually seen your post separately earlier. While it is good to hear the judge's view, it is still just a view unsupported by a firm precedent setting decision so noone would want to be the first to try and argue this point.

I am more looking for someone who actually had their insurance accepted without problems. There was another post suggesting an international bealth insurance, but those are for people residing outside the uk, u could hardly be eligible to apply.

I thought WPA has reasonable prices and its level which says "comprehensive" could well be argued to be acceptable and at least arguable in court that the applicant cant be expected to do more than obtain a health insurance which proclaims to be comprehensive, it is not up to the applica t to be looking into the details as on the face of it the insuramce is comprehensive.

Anyway, they dont have a chance of checking whether a person had used the NHS during all that time, so many people may take out the insurance but, being eligible, use the NHS.

Ok, back to the topic, anyone knows insurance companies definitely accepted by the UKBA???

[JA13I]

The problem with asking for a SPECIFIC company whose insurance WILL be accepted by the UKBA is that, as remarked by the Lord Sedley, such an insurance may not exist.

P.S- FYI, for the nationality application that we made, we used a health insurance from Spain (untranslated) and still got approved. Had it not worked, we were ready to take the HO to the court for further clarification about the CSI and possibily force and audit of all approved cases and the non approved ones to compare for inconsistencies in decision making. It never got to that. Fortune favours the brave, I guess.

[mcovet]

That is the problem, the CSI is a major point in deciding whether the residence was in accordance with the directive/regs or not. Yet there is no clear guidance anywhere. The judge u quoted is right but not many people wish to be the ones taking ukba to tribunals/courts etc

As regards ur Spanish untranslated insurance...u clearly got an incompetent caseworker who overlooked an important piece of information! For all we know, it could have contained some granma's recipe )

Anyway, i guess it is on a case by case basis as if the applicant sturs up a fuss, a senior caseworker would prob allow it, otherwise they'd try to reject everyone at first.

People applying for PR confirmation having resided in uk for 5 years are hardly eligible for an overseas insurance?! Most insurance companies here make it a condition that u be a resident! I guess the same applies abroad?

It is a dodgy area, the internal private insurance should be better than an overseas one, yet ukba would be wary of messing with an oversras insurance but would scrutinise the local one! Neither would cover emergebcy treatment anyway.

Well i just wanted to compile a list of those successful with a certain insurance company in uk and those not lucky. It is strange that there haven't been more replies here...

The problem with asking for a SPECIFIC company whose insurance WILL be accepted by the UKBA is that, as remarked by the Lord Sedley, such an insurance may not exist.

P.S- FYI, for the nationality application that we made, we used a health insurance from Spain (untranslated) and still got approved. Had it not worked, we were ready to take the HO to the court for further clarification about the CSI and possibily force and audit of all approved cases and the non approved ones to compare for inconsistencies in decision making. It never got to that. Fortune favours the brave, I guess.

[Directive/2004/38/EC]

I was earlier thinking that I should start selling such insurance, especially for people in the EEA situation. It would require policy holders to go to their NHS if they are legally eligible for coverage, and then the policy would cover whatever is needed to qualify which is not covered by the NHS coverage. It would be private, comprehensive, and cheap!

My policy could also have fine print which says that all claims must be submitted within 24 hours, and that the insurance will then consider them and reimburse the client 235 years later!

Just an idea...

[Directive/2004/38/EC]

This is from Chapter 9 (Appeals) of the UKBA's European Casework Instructions
[quote]3.4 Sickness Insurance

Persons must not become a burden on the public finances of the host Member State. In paragraph 93 of Baumbast, the ECJ found that it was disproportionate for a lack of sickness insurance that covered emergency medical treatment within the UK to be a reason for refusing to grant a right of residence on this basis. Furthermore, the law in regard to the NHS prevents us from restricting people from obtaining medical treatment after they have been here for more than 12 months.

Presenting Officers should seek to argue that an EEA national who holds no form of medical insurance is not appropriately covered. Where evidence of medical insurance is produced, it must clearly demonstrate that the EEA national and their families are covered in respect of all pre-existing medical conditions that require medication and/or treatment as well as any treatment that may be required for serious or long-term medical conditions. Any arguments should focus on whether or not the EEA national or their families could be considered an “unreasonable burdenâ€

[JA13I]

I would agree that the current method for approval might exactly follow the pattern that you have suggested- take it case by case and if some difficult caseworker refused the application and an appeal was made, a Senior caseworker would approve it. But, that by its very nature, creates inconsistencies which makes the quest for a specific company whose insurance is accepted, futile.

Had our Grannie's recipe for Spanish sticky toffee pudding tapas not been accepted, we were going to appeal using the finding in Baumbast's case that has already been well spotted by Directive.

However, contrary to you, I actually suspected that our caseworker was indeed brilliant and did not make a fuss about the CSI as he/she must have know how genuinely idiotic the whole requirement is. Had it not been for the various regulations impeding the formation of an insurance company, Directive's idea is a very good one. Especially if you can combine it with yours and place it overseas.

BTW, the insurance that we did provide was comprehensive and did cover non-residents as well. The only requirement was that we should land in Spain every 3 months to "validate" it. Go figure.

[Directive/2004/38/EC]

BTW, the insurance that we did provide was comprehensive and did cover non-residents as well. The only requirement was that we should land in Spain every 3 months to "validate" it. Go figure.

Can you can deduct the cost of the insurance and the validation trips to Spain from your UK taxes? That would almost make it worthwhile!

[toni34]

think the safest insurer here is WPA,the reason is that we hold a policy there and it was accepted by th home office.

[mcovet]

I actually also thought this is a niche market to have such insurance suitable for EEA nationals, although realistically no resources or desire to implement it. Especially that most people find out about the need for insurance many years down the line if they started of as a worker and stopped working.

Anyway, most insurance companies dont cover specifically the pre-existing conditions and long term illnesses so the guidance u posted is not such a low bar as u suggested.

I always maintained that it is the requirement of not becoming an unreasonable burden that must be read purposively! So, while one may not be in possession of any medical certificate, if he never claimed anything, he can hardly be said to be any burden at all, so the purpose is achieved. YET, ukba would 100% refuse such an application.

Further, not many people wish to be explaining to a caseworker that: "look, even though my insurance doesnt cover x,y&z the trubunal will find in my favour so u better be reasonable". Cos, caseworkers (incl seniors) would look at the requirements and let the tribunals decide.

As regards Spanish insurance, i suspect it is as i said, caseworkers r more likely to take an overseas insurance, out of fear of messing smth up where other eu coutries r concerned, than local insurance which they can pick on.

This area needs a decent looking into and i dont wish on anyone to be THE one proving their point in tribunals, appeals tribunals, courts etc. Time consuming.

One thing which is helpful is that an applicant can always put forward a request that ukba prove that, while he may well have become a burden, he became an UNREASONABLE burden. This word is very important for otherwise it would not have been included, so ukba must show u used nhs hundred thousand times, had free operations etc.

Doubt that anyone with a decent adviser and at least any local insurance would lose the case!

[naseeri110]

hi guys i did apply for EEA2 using the insurannce AVIVA dont know it is going through or not. but as a precaution i send my wife's Norwegian EEA insurance too which government has given them which is more close to home office requirement but it is not comprehensive as they have to do partial payments.like around 75%.lets see its work or not. its been almost two month so far i have sent my case

[Directive/2004/38/EC]

but as a precaution i send my wife's Norwegian EEA insurance too which government has given them which is more close to home office requirement but it is not comprehensive as they have to do partial payments.like around 75%.

What exactly is your wifes "EEA insurance"? What is her citizenship? Are either you or your wife working in the UK?

[naseeri110]

I am working but she is fulltime student in uni. Her nationality is Norwegian and her government provide her EEA insurance. in the policy documents they said they will pay ALL NECESSARY medical expenses regarding ambulance, medical treatment of any kind and hospital expenses more on that we have to contribute 25% towards xrays and 25% towards medicines.

[Directive/2004/38/EC]

For what it is worth... http://www.ukba.homeoffice.gov.uk/gloss ... e&letter=C

Comprehensive sickness insurance

Insurance that will pay for any medical treatment required in the United Kingdom by someone who is not entitled to treatment from the National Health Service. You may have to show you have this insurance in order to be allowed to live in the United Kingdom.

[vinny]

See also HMRevenue&Customs' webpage.

[dotsystem]

think the safest insurer here is WPA,the reason is that we hold a policy there and it was accepted by th home office.

PLease can you let us know what the package is called and the amount you and your spouse are paying per month. thank you

[richmond332]

Can you please explain what does it exactly mean "comprehensive"?
I am not sure what is the appropriate level of the cost per month for the "Comprehensive sickness insurance", however I was quoted like around £80 per month(for two of us). Is this reasonable???

Does the "comprehensive" insurance has to cover such as
Consultant/specialist fees, Diagnostic tests, Physiotherapy/other therapies, Psychiatric treatment??