formula

Will the free NHS for those in the UK under the Singh route, end next year?

When someone enters the UK under the SS route, they enter the UK under EU law but then become a partner of a Brit, instead of being a partner of an EU. This has worked in their favour for the NHS in the past, as it meant they could use the NHS for free regardless of whether their partner works (EU rules): because a spouse of a Brit entering on a UK visa, could always use the NHS for free.

As we have discussed before, free NHS will end for a partner/spouse under the Immigration Act 2014, according to the wording of that new law. The partner/spouse will have to buy an NHS levy (cheaper than insurance) to be able to use the NHS. The NHS levy will also cover all their existing conditions. Free treatment for all in A&E, will also end and will only be free for some people (including those who have an in date, NHS levy).

The Immigration Act also seems to be saying that only those on a UK visa will be able to buy that NHS levy? Many EU citizens and their dependants, will still have to buy the more expensive Comprehensive Sickness Insurance (including cover for their exisiting health conditions) to pay the NHS for all their treatment and medicines. Or they can get another EU country to pay the UK for their NHS bills, by using the EHIC of another EU country.

So who will pay for the healthcare of those non-EUs in the UK under SS if they aren't going to be offered the chance to buy the NHS levy?

WEBlue

Kindly direct us to the link where you read (or inferred) that the 20014 Act indicates that only those under a UK visa will be able to pay the NHS levy.

rebs

I would also be interested in reading any official details on how this is going to be implemented - presumably those that will remain eligible for free A&E treatment (the vast majority of people in the country) will have to be given something to prove that? How is that going to work?

gullane

This is a very interesting question you pose and I will try and give you the answer in a round about way.First the people who use the SS route mostly are, people
who use EU Directive 38 to circumvent UK domestic immigration rules.This is an abuse
of the SS CJEU ruling and the court has again recently stated it is for people who genuinely move from their home country with the intention to stay in the new host state.We now have the situation where Uk citizens move to another state for the sole purpose of staying for three months before returning with their TCN partner to the UK
So the question you have to ask is,what is their end game?,simply,to get permanent residence an a UK passport.Now if you use the SS route you come under the EU Directive 38 and to get permanent residence you have got to comply with EU Directive 38 Article 16 in full and not UK domestic law.This clearly states that one of the conditions is that you have CHI for the full five years.You can read the recent Upper Immigration Tribunal ruling,
where permanent residence was refused to a man from Pakistan who married a Dutch woman and used the SS route to enter the UK.He worked and paid National Insurance for the five years and argued that he had never used the NHS and was entitled to do so.
The Tribunal ruled that the fact that he was in compliance with UK domestic law was irrelevant as he was in the UK under EU law and had to comply with Article 16 of Directive which says,he had to have full Comprehensive Health Cover.The European Court of Justice
has found on several rulings that TCN'S must have this health insurance to be a "LEGAL RESIDENT".The problem is that The Home Office and UKBA are not fit for purpose and don't know the regulations and keep blaming the EU for everything.So the bottom line is,without the insurance,they are unlawfully in the UK and they are entitled to nothing under EU Law.

Pollyana

Getting the answer in a roundabout way is not what people on here are after. Rather we would like an official source for the information in the original post, and an answer as to how those entitled to NHS care can prove their entitlement.

gullane

Pollyana, I did give the official source and that is Article 16 of EU Directive 38 as confirmed by the Court of Justice of Europe and also by the Upper Immigration Tribunal
over the past few months.These are the highest courts in Europe.All you have to do is google the rulings and read them,there is no higher authority on this subject,sorry but this
is reality.

Pollyana

In order to help people reading the thread its considered courteous on this forum to give a link where possible to the official document. I'm on an iphone on the train and it is not easy to google and post links at present on your behalf, so if you could provde the official link that would be great especially as you seem to have launched yourself onto BE as an expert in these matters
Are you aware, or is it contained in the link, as to how those of us entitled to free NHS care will prove our status? Or is that as yet undetermined?

gullane

Yes,I am an expert on this matter and I have stated the facts and been very polite and helpful and all you have to do is go on your computer and google what i have given.I have stated that if you are a TCN and are in the UK under EU 38 Article 10 you have to comply with Article 16 of the Directive.This clearly states you have to have Private Comprehensive
health insurance.So there are no free lunches,so sorry to disappoint you,the law is the law.I find your post both arrogant and ill informed.

spouse of scouse

Since you're being so open about your feelings, I'll follow suit.

I find your posts reminiscent of legends and lunch boxes.

Novocastrian

gullane

Spouce of Scouce, I don't give opinion's because everyone has one and that is all they are "OPINION'S",I give verifiable facts based on case law.So my understanding of a forum is to get the correct legal information on a given subject and pass it on to help other members.When people give their opinion's,that is fine,provided they make it clear that they don't know the correct answer and they are only guessing.Now exactly what has your comment added to the discussion?,have you helped increase the pool of knowledge on the subject matter?. I don't do personal insults I leave that for people like you.Have a nice day and try and relax.

gullane

Born again atheist's are simply people who have the ability to think for themselves.They
don't need any crutch to walk the journey of life.

Pollyana

Excellent. I love to p$ss off at least one poster a day, keeps me smiling

I don't want a free lunch, I don't even want the answer personally. I just want to help the people who are using the forum to find answers. It is common courtesy on BE to post links, partly because not everyone is as computer-savy as you clearly are, and may not find the correct answer via google. As you clearly know the answers to many queries in this forum, and know where they can be found it would be really helpful if you posted links in order to help your fellow posters. That, after all, is why the forum exists.

I still can't track down whether they have stated how those of us entitled to free NHs care will prove our eligibility........

Pollyana

wrong thread?

gullane

Pollyana.I accept your point and will give you the links but they are not at hand at this
moment as I am working at this very moment in the Amazon SA.Just look at Case-202/13
you will find it under the CJEU site.I will give you the Upper Tribunal Ruling reference when I get hold of the file also the CJEU on the Health Insurance matter.Sorry about posting 12 instead 13 for the case reference.