EEA permit and healthcare

Something I am unclear on and can't seem to find a straight answer to is when someone comes to the UK to live under the EEA family permit- what are the conditions for health care coverage?

Anyone in the UK on a settlement visa is entitled to the same healthcare as a citizen.

Thank you. So if we got the EEA family permit, moved there and then applied for the 5 year EEA residency permit, would we have to wait until we had that in hand before we qualified for healthcare? What if someone did not get the EEA family permit, moved and then applied for the EEA residency permit, would they then have to wait or what proof do they have that they are entitled?

If you get the family permit you are entitled to NHS healthcare from the day you arrive in the UK, you just show the permit in your passport to the GP surgery when you register.

If you don't get a family permit and are let into the UK on a visitor visa, then you won't be entitled to NHS healthcare until after you have the residence card. You also won't be able to work until you have the card either.

If you get the family permit you are entitled to NHS healthcare from the day you arrive in the UK,

That's not true. EU treaty law state that you must not be an undue burden on the other EU country.

It all depends what the EEA national is doing as to whether they get free NHS; whether their own EU country will temporarily pay for their citizens healthcare by the use of an EHIC (EHICS are not for living in another EU country: only visiting); or whether the EU national must have a comprehensive health insurance (that covers existing condititions too) for themselves and their dependants.

Granted the NHS aren't very good at checking immigration status (looks like that will alter under new laws stated in the Queen's speech) so you may get away with using the NHS, but that doesn't mean you are allowed to use it for free.

You are incorrect.

NHS treatment is based on residency. If an EEA national or family member of an EEA national has come to the UK to live, i.e. exercise their EEA treaty rights, which is what the original poster asked about, then he or she is entitled to the same NHS servcies as a UK citizen for free.

If an EEA national is visiting the UK temporarily, then yes, he or she need an EHIC from their home country and there could be some question as to what services would be covered for free and what would have to be paid for out of pocket.

If the EEA person is a student or self-sufficient, they are required to have private health coverage. Otherwise they are allowed to use the NHS the same as other long-term residents.

If the EEA person is a student or self-sufficient, they are required to have private health coverage. Otherwise they are allowed to use the NHS the same as other long-term residents.

As long as the EU citizen is working, then they can use that countries healthcare (the same as a citizen of that country gets). As EU citizens, we can't just enter another EEA country and use their healthcare as soon as we get there if we aren't working, as we wouldn't be exercising our treaty rights. If we could, Brits would all be popping back and forth over the channel, to use the superior French healthcare system.

The non-EU partner has to depend on what the EU citizen is doing. i.e. EU citizen isn't working but non-EU is, then they are self sufficient and need a comprehensive sickness policy for all the family, to be exercising treaty rights.

I was following on from jayvee's comment, which already said that they had to be exercising treaty rights.

As an EEA migrant who is unemployed but looking for work (on jobseekers, etc.) you are also entitled to NHS treatment.

Yes, all ways of exercising treaty rights get NHS access except for students and self-sufficient people, who must have health insurance. Maybe that's how I should have worded it originally

As an EEA migrant who is unemployed but looking for work (on jobseekers, etc.) you are also entitled to NHS treatment.

If they are awarded jobseekers, yes...but an EEA and their family can't just enter another EEA country and immediately claim jobseekers. Under present UK rules for EEAs*, they can enter the UK as a visitor (no free NHS for visitors) for 3 months and then put in a claim for jobseekers welfare if they haven't found a job after 3 months, but their claim for jobseekers benefits will not be immediate. The UK is being taken to the EU court as they are so slow at giving benefits to EEAs and their families and now the UK is trumping that by talking about changing UK laws to make it harder for non-EUs to claim welfare in the UK, while still keeping to the spirit of EU laws*.  Of course if the EEA citizen starts working within those 3 months, then they do get free NHS for themselves and their family (even non-EU citizens).

So no, an EEA can't just move into the UK with their family and get free NHS, if their EEA family member isn't working in that EEA country or claiming JSA. Just moving (residing) in another EEA country, does not get you free healthcare in that country. The EEA citizen has to be working in that country, to get free healthcare for themselves and their family.

However, the EEA citizen will carry an EHIC (a healthcard) from their own EU country, which means that they (as visitors) will get NHS in the UK and their own country will pay that bill (or pay for what they would get in their own country). BUT, their own EU country would not issue an EHIC (pay for the healthcare) of their own citizens non-EU spouse (unless that non-EU spouse had been working in their OHs country too).

Basically, an EEA citizen can freely use healthcare in another EEA country if they are a visitor to that country, as they use their own countries EHIC card to get that healthcare - its an agreement between all EEA counties. A non-EU citizen can't have free helathcare under EU laws- unless: they have worked in another EEA country and have been given an EHIC by that country; their EEA partner is working; their own country has a reciprocal agreement to give free healthcare (as all EEA countries have). The non-EUs will need to buy insurance from their own country, while they are visitors in another country.



UK changing the rules?
*http://www.bbc.co.uk/news/uk-politics-21651631
Government plans to clamp down on "benefit tourism" could see both Britons and immigrants affected by changes to the rules on entitlement.

Ministers are looking to limit access to benefits, health care and housing when freedom to work controls on Romanians and Bulgarians end.

The detail of how changes might differ from current rules is not yet clear.

Downing Street said the curbs were being considered in response to "widespread public concern".

So no, an EEA can't just move into the UK with their family and get free NHS, if their EEA family member isn't working in that EEA country or claiming JSA. Just moving (residing) in another EEA country, does not get you free healthcare in that country. The EEA citizen has to be working in that country, to get free healthcare for themselves and their family.

I’m sorry Susan, but again you are incorrect. Use of the NHS depends entirely on residency, not employment.

If my EU citizen partner is not working and I (non-EU citizen) am, or as I understand it , even if we are both not working, we are still both entitled to use NHS since he is exercising his EEA Treaty rights in the UK.

That is the key – exercising EEA Treaty rights – if an EU citizen is doing this he or she is deemed to be a resident and entitled to the use of the same NHS services as any UK citizen.

You are said to be exercising Treaty rights if you are:
--employed or self-employed; or
--studying; or
--economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
--a jobseeker; or
--retired; or
--someone who has had to cease working in the UK owing to permanent incapacity

In regard to use of NHS services, the exception to this as DrSuperL99 pointed out are EU citizens who are students and those people deemed self-sufficient. They must obtain an European Health Insurance Card (EHIC) to be able to use NHS services.

You are correct in what you state about visitors from EU countries needing an EHIC, but your definition of a visitor does not seem to match that used by UKBA

If they are awarded jobseekers, yes...but an EEA and their family can't just enter another EEA country and immediately claim jobseekers.

In regard to jobseekers allowance, technically you are correct in that an EEA citizen cannot enter the UK and immediately claim jobseekers allowance paid for by the UK taxpayer but if he or she is claiming the equivalent of job-seekers allowance in their home country, this will be transferred to the UK and paid through the Department for Work and Pensions in pounds. The amount will be dependent on what the person is entitled to in their home country.