comprehensive sickness insurance requirement for EEA1 and 2

[rcserpa]

Hi,
I am currently preparing to submit an EEA2 application for myself and an EEA1 application for my husband and am unclear as to what medical insurance coverage he needs, if any. In 2009 he entered the UK under a student visa as an American and I entered at the same time as his dependent partner and American too. A year into his studies he obtained Irish citizenship through decent and is registered under the foreign births registry and has an Irish passport. This being the case I thought it might be a good idea to apply for a residence card for myself and a registration certificate for him even though he still has 2 years left at school (at which point our current visas end) to confirm our right to live (and work) in the UK as well as put us on a path to permanent residency. Now, with regards to comprehensive sickness insurance, the UKBA tells me that he needs to be covered regardless of the fact that both of us are registered with the NHS (under our current visas). The question I have is whether or not it is actually necessary for my husband to get an EHIC because as an Irish citizen he is not required to have an EHIC to access medical care in the UK- all he needs to do is show he is ordinarily resident in Ireland (his Irish passport should be proof of this, no?). I asked this of the UKBA and they said if it was just him applying for the registration certificate then fine, he does not need EHIC or private medical insurance to support his EEA1 application, but since I am applying for an EEA2 on the basis of being his family member, then he does need to have either EHIC or private medical insurance. Is this right?? It seems counter-intuitive to me since the point of the requirement is to ensure the NHS isn't left with the bill in case something happens- which they wouldn't since he is entitled to NHS under his current visa (UK immigration rules) and as an Irish citizen (EU immigration rules).
If anyone can shed some insight on this dilemma it would be very much appreciated as it could potentially save us a needless 50 quid per month.
Cheers!
Regina

[EUsmileWEallsmile]

If you want to apply for PR later on down the line, your spouse will need to be a qualified person for five years according to the EEA regulations and UKBA practice. For a student, this means having CSI.

I suspect most students would rather not pay for CSI if they also are allowed to use the NHS. That might result in them being denied PR though.

If you want to save yourself hassle later on, get the insurance and keep copies of the policy and all the other evidence that you are living in the UK (utility bills, back statements and the like).

Once your husband becomes a worker, there is no requirement for CSI.

The UKBA accept EHICs is the student is going to be here on a temporary basis, but apparently not for PR.

[rcserpa]

If you want to apply for PR later on down the line, your spouse will need to be a qualified person for five years according to the EEA regulations and UKBA practice. For a student, this means having CSI.

I suspect most students would rather not pay for CSI if they also are allowed to use the NHS. That might result in them being denied PR though.

If you want to save yourself hassle later on, get the insurance and keep copies of the policy and all the other evidence that you are living in the UK (utility bills, back statements and the like).

Once your husband becomes a worker, there is no requirement for CSI.

The UKBA accept EHICs is the student is going to be here on a temporary basis, but apparently not for PR.

Thanks for your response. For clarity then, you think there is no consideration for the relationship between Ireland and the UK (ie ordinarily not requiring EHIC for Irish citizens living in the UK)? At least in terms for me applying for the residence card (EEA2) rather that permanent residency?

[Jambo]

The special consideration for Irish citizens is under the UK immigration rules. You are wishing to apply under the EEA regulations and as such need to meet the EEA requirements which require CSI for students. Money wise, it still will be cheaper to go via EU route and to pay £50 a month as only the ILR (for you only) is about £900 and you will need to add to that an application to stay in the UK once your student visa expire which is another £500.


If you are not bothered in obtaining PR status and/or British citizenship in the near future, you can wait with the eea2 application until your visa is about to expire.