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EEA family permit and NHS service entitlement

Posted: Sun Aug 31, 2014 12:11 am
by Dikke
Hi,
I hope someone can help me with some information.

My non-EEA partner joined me (EEA national) in the UK with an EEA family permit (which lasts for 6 months). After one month together in the UK as married couple, she (non-EEA partner) received medical treatment from the NHS as a result of her pregnancy.

NHS is now saying she has to pay for those services since she is not entitled to free medical care as a visitor to the UK.

My understanding is that she should be entitled to free NHS services as a married partner of an EEA national. The 6 month duration of the family permit is to allow her enter the UK and take up a permanent residence so she cannot be clasified as a visitor.

My question is, is my partner entitled to free NHS services, and if she is, how can I support this position?

Thank you in advance.

Re: EEA family permit and NHS service entitlement

Posted: Sun Aug 31, 2014 1:41 pm
by Directive/2004/38/EC
Your non-EU spouse is fully entitled to NHS medical care. Also, any time spent in the UK counts towards the 5 years of residence required for "Permanent Residence".

Tell the NHS that your wife is fully legally resident in the UK. Definitely do not pay them a cent. And politely tell them to sod off. Contact your MP if you have any further difficulties.

How long have you lived and worked in the UK?

Re: EEA family permit and NHS service entitlement

Posted: Sun Aug 31, 2014 6:37 pm
by Dikke
Thanks a lot for the information.

I have been living and working in the UK for a little over 3 years now.
I have the impression they focus on the duration of the family permit without understanding the effect of the status.

Re: EEA family permit and NHS service entitlement

Posted: Sun Aug 31, 2014 10:55 pm
by Directive/2004/38/EC
Push back!

Baby notes: Get several copies of the long form birth when the baby is born. It is cheap and easy when you register the child, and useful later.

Also note that once you have lived and worked in the UK for 5 years, you will have PR. At that point you can "register" your British born child as a British citizen, if that is of interest.