Returned EEA2 Application From UKBA

Just to add: I got an email on this subject from the Signpost service (independent EU body offering advice on EU citizens' rights under EU law) and they conclude from just about every angle that EEA students are covered by the NHS under EU law as implemented in the UK.  This from NHS law, the Citizens' Directive, earlier student/vocational training directives from the 1970s, and general equal treatment at the EU level.

So, I can't imagine that if this goes up to the ECJ that the UKBA would win, but this doesn't really help those of us dealing with it now who don't have the money or time to take on the Home Office!

VLong,

You may wish to read through this case:

http://www.bailii.org/uk/cases/UKIAT/2006/00090.html

Or this one:

http://www.bailii.org/uk/cases/UKIAT/2005/00179.html

In which the AIT and the Secretary of State both have accepted BUPA coverage as being "comprehensive".  While these cases are not 'current' (as in from 2009), they do indicate that UK policies can meet the requirements set out by the Home Office.

I've requested clarification from the UKBA on what they believe constitutes 'comprehensive insurance', and it might be worthwhile for you to call them and ask as well.  The EU, however, is on your side, so employing Solvit to point out that you are, by the UK's own laws, entitled to the NHS (on grounds such as: have lived here for one year, have come to settled, my spouse is employed/self-employed and so my family is covered) is your first port of call if they do not accept your Aviva insurance.

I called UKBA yesterday, and supposedly I did submit a valid application upon my third try. They have very poor customer service by the way. I actually laughed at the woman, but only because her responses to me were so ridiculous.

From what I understand, here's the rub in regards to my issues.

1. You do need insurance if your sponsor is not a worker.
2. Your sponsor either be a worker or student, but not both.
3. It is okay to explain that your sponsor is both a student and worker, but very clearly explain that they are sponsoring you as one or the other.

Thanks for the deluge of  information. 

Clearly it is better for the person to be sponsoring you as a Worker, given that cuts out any possible argument about sickness insurance.

Although not relevant in this case, if the sponsor is Self-Employed, then again there is no question of sickness insurance being required.

The sooner the issue of whether the NHS counts as sickness insurance is resolved, the better!

Are there any updates regarding using NHS as a fully comprehensive insurance??
I'm as well a full time student, and don't know how to solve this puzzle.

This is what I was told multiple times (and why my EEA2 application was returned to me two separate times):

1. If your sponsor is a student, then you need comprehensive health insurance.
2. If your sponsor is a worker, then you don't need insurance.

All my information is in regards to being sponsored. I don't know anything beyond that.

My last bit of information is that if you are sponsored by a worker, it seriously helps (required?) that they have been working for a year and can send in their worker's registration with your application.

I hope this helps.

Just FYI - Upon sending in my third application which they accepted due to my being clear about my sponsor being a worker and including her worker's registration, it took just two weeks to the day to get my passport (and all other paperwork) back in hand with my shiny new EEA2 residence card.

I don't know if this is standard turnaround, but I was quite surprised and overjoyed.

Good luck to all those still wrestling with this.

Hi there..

Just curious what the outcome with the insurance issue was here.  Did you end up getting insurance?  If so, with whom, and were you able to cancel quickly?

thanks for your help...

I never had to get insurance, and my accepted application was returned with my new visa about two weeks after I sent it in. The insurance issue was erroneously raised on their end as far as I can tell.

I had access to the NHS through my wife who is EU.

Hope that helps.