All posts for : Tag: Comprehensive Sickness Insurance

Self-sufficiency, health insurance and welfare benefits: the case of AMS

In a decision of 19 September 2017, Upper Tribunal Judge Ward dismissed a Dutch widow’s appeal against the refusal of her claim for state pension credit on the basis that she had no right to reside in the UK. Although a disappointing result for Mrs AMS, the case is a great starting point to remind ourselves of the meaning of “self-sufficiency” under EU law. It also reminds us that self-sufficient EU nationals may, in some circumstances, access welfare benefits. Background The claimant, a Netherlands national, is an 88-year-old widow. She was married to a British citizen who had served in the British armed forces and died in 1994. Her children…

17th October 2017 By Nath Gbikpi

Home Office now says health insurance ‘just a technicality’

“EU citizens will not be removed from the UK or refused entry solely because they do not have comprehensive sickness insurance,” said a spokesman. Very welcome news but it is difficult to understand the Home Office’s legal position on all this. They are categorically NOT saying that they will recognise a right of permanent residence for a self sufficient person or student who did not have comprehensive sickness insurance, only that they will not be refused entry or removed. It is not written down in any of the myriad official policies of which I am aware; it is at the moment just a statement to a journalist. Laws are supposed to…

8th March 2017 By Colin Yeo

What is the position of EU spouses of British citizens following Brexit?

The result of the Brexit referendum has thrown a harsh light on long standing UK Government positions on the free movement rights of EU nationals. Nowhere is this more obvious and more awkward than in the case of EU national spouses of British citizens. I have been receiving many queries about this issue and concern has been expressed in Parliament and in the media.  MEPs and the EU Commission are also thought to be looking into this question and even launching an inquiry into the treatment of EU nationals in the UK. Jean Lambert MEP tabled a question to the Commission late last year. The Commission had started infringement proceedings…

24th January 2017 By Colin Yeo

Comprehensive Sickness Insurance: what is it, and who needs it?

If you are an EEA/EU citizen or their family member and you would wish to qualify for a right of residence then eventually a right of permanent residence you have to meet certain requirements. Following the Brexit vote to leave the EU, it is more important than ever to make sure that you do currently meet the requirements. We fully expect that EEA citizens with the right of residence or permanent residence will benefit from transitional arrangements and be “passported” to a new immigration status, but we are not so sure about the position of those who are living in the UK without a right of residence. Confusingly, EEA citizens and their family…

23rd January 2017 By Colin Yeo