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Hi, my spouse is an eea national. I attained EEA4 last year based on her exercising treaty rights as a worker.
She worked for about 8 months. Since January 2016 she stopped working and has become a self-sufficient person with CSI and financial support from my family.

She will need to get an operation soon. She has been dealing with her condition for over the 12 months by using NHS as she was working. But now she stooped working and has become a self-sufficient person. And I am wondering if she can still use NHS, if she is still entitled to receive treatment from NHS. This operation is due to her pre-existing condition, so the CSI won't cover it for her. So it would be good for us if she can still have the right to use NHS and get the operation by NHS. But I am worried if she is still entitled to use NHS as she is not working any longer. And I am also worried if she get an operation by NHS it may affect my PR application later. (if she still have the right to use NHS, then what is the point of having CSI other than for the purpose of immigration?)

Can a self-sufficient eu national still use NHS? Would it affect PR application?

I would very much appreciate your advice or sharing of experiences. Thank you.

Suggest start at NHS website:
http://www.nhs.uk/NHSEngland/AboutNHSse ... e-eea.aspx
- see reference to EU Directive.

It's not at all clear to me that Mrs Jun0607 in fact has comprehensive sickness insurance. From the Guidance on Qualified Persons, it all depends on whether the insurance policy covers her for 'medical treatment in the majority of circumstances'.

If Mrs Jun0607 does have comprehensive sickness insurance, then I believe she is ordinarily resident even for NHS charging purposes, and so is eligible for free NHS treatment. 'Comprehensive sickness insurance' is not required to be comprehensive. If she doesn't, she's heading towards being an overstayer. However, why isn't she working? If she isn't working because she's ill, she might actually be qualified as a sick worker.

I think that Jun0607 needs to be prepared to argue that the insurance policy did cover his wife for 'medical treatment in the majority of circumstances' even if comparable cases have not previously led to refusals.

There might be other avenues if Jun0607 and his wife are present 'temporarily', but I don't think they are.

Thank you noajthan and Rishard w for your kind advice. I very much appreciate it.

The health insurance policy that we have covers full in and out patient costs and many other things. It is considered to be one of the major comprehensive insurance policies which is a bit costly. The limitations it has are a 500 pounds excess per year which I believe reasonable and a exclusions of covering the pre-existing condition. Given that any insurance policy would exclude any pre-existing condition and often has a 500 pounds of excess, I think it can be considered as a Comprehensive Sickness Insurance.

A few months ago, I got my residence card which is valid for 5 years. When I made my application she was working in a factory as a worker not an employee. Once I got the Residence Card she wanted to have a break as the job was very draining and tiring. As we have a regular income from our parents and we have some savings with a stable accommodation, I thought she can have a break and still be a qualified person as a self-sufficient person. It is true that she needs an operation soon but I don't think she can be a sick worker as Richard said as she was not an employee and her condition is not very critical for her ability to work.

So I think we can say that she is a habitual(ordinary) resident in the UK as a she has been exercising her treaty rights at least for the last 12 months as a worker, and now as a self-sufficient person.(https://www.citizensadvice.org.uk/benef ... ence-test/)

I understand she was definitely entitled to access to the NHS while she was working and contributing to the National Insurance. However, I am wondering if she is still entitled to use free NHS since she stopped working, claiming to be a qualified person as a self-sufficient one. As far as I know, the reason why she needs to get CSI is because she should not be a burden to the social welfare system, including NHS. But on the other hand, she has been contributing to the National Insurance during the time she was working, which is about a year. In addition to that, she is a regular resident in the UK which is the requirement to be entitled to use NHS. So it might be still possible for her to use NHS in this sense. But I am not sure.

To summarise,
1. she worked for the last 12 months as a worker.
2. she has stopped working in January and has got CSI to continue to exercise her treaty rights so that later I can apply for PR.
3. But this won't cover the operation which she needs soon as it is applied to the pre-existing condition.
So she either pay full cost for her operation which I presume could be a lot without insurance, or she might be still eligible to receive free NHS somehow(ex. as a resident if possible).
4. Recently she has got a letter from the hospital that they made an appointment for her with a specialist to discuss the operation. This is because she has been receiving a treatment for her condition for the last 12 months and now it is about the time for her to have an operation which was recommended by the specialist. Back then she was working so no problem but now she is not. she claims to be self-sufficient.
5. Do you think she is still entitled to receive free NHS and get the operation?
6. I think in a way, this might be a decision for the hospital to make whether they will provide the free service or not based on her status. However, I want to understand what circumstances we are in. I don't want to have a trouble later when I am applying for PR because she had an operation via NHS.

Thank you very much again for your advice and help. I will appreciate any advice or sharing of experiences. Thank you.