blue_blanket

Hi everyone,

I have a question and I don't know where to post it, or where to look online to find the answer. I hope it's ok that I post it here, and if it's wrong, someone can tell me. I cross-posted in MBTUK and Europe.

Here is the situation, and I am totally confused.

I am the US spouse of my UK DH. We currently live in the US, but my husband works overseas in Afghanistan. He does not have or want residency here in the US. As it is, he comes home on leave and uses the visa waiver.

We would like to move to Belgium. This is where I am getting hopelessly confused.

I have no legal status in the UK. We have not applied or registered anything there. A co-worker told my dh that we need to go to the UK first, and register our marriage.

My questions center around medical coverage (for the most part but not only.) In order to be able to access the health care system in any other EU country, do I need to have legal residency status in the UK?

(My thinking here is along the lines of, 'since we are moving on the strength of his UK passport')

Would we be better off, or even required, to apply for and complete all of the steps neccessary for me to move to the UK first, then go on to Belgium?

Does the fact that my dh has not paid into the nhs for a couple of years affect this? He said last night that he thinks he needs to get caught up on that, in general, but also so that I can be added and covered.

I have read and read so much, and I understand (for the most part) how the system works in the UK, and how the system works in Belgium. What I cannot put together is how it works with our situation?

Truth be told, I am perfectly happy if we need to gain residency for me in the UK first. I will be disappointed in putting Belgium off, but there is time and we want to make sure we do things the right way.

Can anyone help me figure this out? Or point me in the right direction?
Would a lawyer be useful? Are there any who come recommended in Chicago?
When I goggled for immigration lawyers, they are all firms who deal with people coming to the US, not those of us leaving.

I have emailed EU Direct (I think that is what it was called) but have not heard back yet.

Thank you in advance, and I can clarify anything that might need it. I confuse even myself when I try and tease the situation apart. lol

Mummy in the foothills

I'm sure someone will be along that knows more, JAJ maybe?
But until then welcome.
You don't say how long you have been married and living this strange multi country life

john5655

I can only comment in part and I am no expert...

You can only apply for a settlement visa to go live in the UK if your husband is moving back to UK to live permanently. This is not affected by the fact he has not paid National Insurance contributions. However, once you have moved back to UK, there is nothing to stop you from leaving, but the settlement visa will expire if you do not live in UK for more than two years.

If you plan to live in Belgium, you need to comply with Belgian immigration requirements, not UK. Health care issues will certainly be different to UK. For example, if I wanted to live in France I would need to have comprehensive private medical insurance as I am under 65. Perhaps Belgium is the same?

blue_blanket

Thanks for the welcome!

We have been married just under a year, and you are not joking about this
multi- country life. Would you believe that before I got married, I had only left the metro-area of my birth less than 7 times? lol

Now I can figure out international time differences in my head!



John, thank you for answering. My husband is a citizen of only the UK. He has property, bank accounts, family...the whole shebang there. Even his car! It is all in storage as he took the job in Afghanistan.

Just to clarify (if even only for myself..lol) I understand the system in Belgium, and I understand the system on the UK. I think I am getting confused when trying to link it all together.

Maybe I am seeing things wrong. I am not sure, anymore. But it's the hop-scotch that is bogging me down. I have no status anywhere in the EU except through my marriage to dh.

I am not sure if we should or have to work on gaining status in the UK first, and then Belgium? And what the ramifications are in either case. Right now, I have in mind health coverage.

On the other hand, I know that we can move to Belgium simply based on his British citizenship. Then purchase insurance for me privately, as I do not work.

Is there any benefit to obtaining UK citizenship for me first?

My head is swimming from trying to figure this out. I am sorry I am not being clear. Thanks again!

Thanks again!

john5655

the problem with using the UK route to enter the EU is that you will need to spend at least three years (five years for some applicants) living in UK to get to the stage of applying for naturalisation, meaning you are only permitted limited trips outside of UK during that time

this may not fit your scenario of wanting to live and work? in Belgium

like I said, even then, with a UK passport, you probably won't be covered by government health services in Belgium

rpjs

There's a weird loophole in EU law which means that although you need to follow the relevant immigration procedured if you want to move to your EU-citizen spouse's country (in this case the UK), if he exercises his right to live and work in a different EU country then European Directive 2004/38/EC comes into play and that other EU country /has/ to let you accompany him as his spouse, even though you're not an EU citizen. The wikipedia article on the Directive is worth a look: <http://en.wikipedia.org/wiki/Directive_2004/38/EC_on_the_right_to_move_and_reside_freely>