EEA Treaty rights / comprehensive sickness insurance...

[robertw]

Hi All,

Apologies if my query has already been answered in a different post, I was trying to find the answers but I am still a bit confused...

Now, first of all some ifnromation about my situation:

- I am an EU national, in the UK since July 2005, exercising EU Treaty rights as a worker (without any breaks in employment)

- my wife is also an EU national, came here with me in July 2005. For the first two years she was working, then styduing full-time for a couple of years, then had 6 months off-study and off-work due to having a baby and then back at work.

We would like to apply for British Citizenship in July this year, as that's when we will have been here for 6 years.

Now, the question is about my wife's status as a student.. Both the application form and the guide (AN) mention that those who are exercising EU Treaty rights as self-sufficient persons or students should have a comprehensive sickness insurance.

This seriously confuses me as we were never aware of this requirement. We have always been entitled to NHS, because we are ordinarily resident here. I can understand the requirement for the if someone came here from the EU and went onto full-time education straight away - then yes, I agree, such a person would not be entitled to NHS. However, my wife had been working for 2 years prior to starting her university, hence I cannot understand why she would need to have that insurance?

Furthermore, the National Health Service (Charges to Overseas Visitors) Regulations 1989 say that family members of workers here are entitled to NHS, and my wife whilst being a student should be considered as my family member!

The main reason for panicking here is that I have seen a lot of contradictory information about the whole "comprehensive sickness insurance" business, both on this forum and on the Home Office website (and in their Casework policies too!).

I just think that someone who was writing the application form AN (and the guide) did not properly think that through - they simply omitted the situation where a student or a self-sufficient person might have been working prior to becoming a student or a self-suficient person!

Can someone help me resolve this problem please?

Thanks,
Robert

[robertw]

Just another thought...

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The above says that "family members" of workers are also exercising Treaty rights (i.e. they have the right to reside). Does that mean that my wife could be defined as my "family member" rather than worker / student and in that way get round the problem with the comprehensive sickness insurance?

That is my logic, at least.

If someone is a specialist in this area, could they please let me know?

[JA13I]

Yes, robertw. To be honest, that is how almost everyone I know has applied for, has done it. Apply with your wife as your family member and you will not need the CIS.

[robertw]

Hi JA13I,

Thanks for your reply, it confirms that my thinking should be correct.

However, I am now reading The Immigration (European Economic Area) Regulations 2006 which govern all of this, and here is what I read about the Permanent Residence (which is obviously required to apply for citizenship)

"Permanent right of residence

15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—

(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

(b)a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;"

This sounds like an absurd! Does it mean that if I had married a non-EU citizen and she had been with me here for 5 years, she would acquire the status of a permanent resident, but because I am married to an EU citizen she does not have that right?!

[JA13I]

Ah, I understand your concern. However, you are applying for Naturalization. The caseworker's notes for naturalization of EEA nationals is here

Scroll down to 6.3.2 and you will see that there is no such requirement there. It can be any family member- EEA or not. So, relax buddy.