Cammey wrote:However the EEA3 and EEA4 forms indicate that anyone applying a 5 year treaty right as 'self sufficient' is required to provide evidence of 'comprehensive sickness insurance'.
I follow your logic that you and your spouse are covered by the NHS. An NHS card should be sufficient proof of this.
However, I still do not understand this is an issue at all, since once you have PR, you covered by the NHS. So this is kind of circular logic: you have no private insurance, so you do not get PR, so you get no access to the NHS. Apart from the fact that it is wrong (residents are covered), I cannot imagine that a charade like this would stand in court.
I think this is just another obstacle the Home Office is inventing to hinder the right of free movement.
And I think I finally found the official position on NHS charges.
http://www.dh.gov.uk/en/Healthcare/Enti ... /DH_074381 says that anyone working here and their spouse and children are exempt from charges. This is even if you are not an ordinary resident (which undoubtedly you are by now)!
There are a few corner cases where NHS coverage may be partial, but the right of free movement applies. I guess in these cases private health insurance can be required. However, the whole concept is extremely difficult, because the final decision rests with the hospital, and is made according to common law criteria on a case by case basis.
Anyway, the conclusion is that ordinary residents have comprehensive coverage via the NHS. Ordinary resident means either that you intend to settle, or that you have been in the UK for at least 12 months.
Tom
