jbhockley

Can anybody help? My Wife and I both have US Green Cards and spend 6+ months in the US, we are UK citizens and spend the rest of the year in the UK. We have UK based travel insurance, which covers us for $10M each for health issues while in the US. The new 'Affordable Health Act (Obamacare)' stipulates that 'residents' or Green Card holders must be insured. Does our UK based travel insurance meet this requirement?

Thanks

Pulaski

Are you tax resident in the US? ..... If you're just "visiting", and not tax resident, then the ACA won't apply, ..... but then your green cards would be in jeopardy.

FlyingDutchman6666

I would be very wary depending on UK travel insurance. In the event of an expensive claim, the insurance company will argue that, with 6+ months of presence per year and a Green Card, you're a US resident (not a tourist) and therefore ineligible for UK travel insurance.

Someone more knowledgeable in Green Card abandonment issues will come along shortly, but... with your travel history, it's possible that the Dark Forces will attempt to take away your Green Card sooner rather than later. Better make sure you're familiar with the law.

Noorah101

Since you are US LPRs, you are classed as US permanent residents. You are not tourists.

Rene

Pulaski

With the logical and likely result that any major claim on the travel insurance could be denied.

FlyingDutchman6666

Is there any case law regarding LPRs who spend 4/5 months per year in their country of citizenship?

From what I've read, irrespective of what the courts (or the law) say, if you stay out for too long, CBP will attempt to 'pressure' you into abandoning your Green Card.

BritishGuy36

I agree with the others above.

You aren't covered by this anyway, since you aren't travelling, you are a resident.

If you are more than 6 months a year in the US, AND are a GC holder, you are a US resident.

You'd never get the travel insurance to pick up the tab for any kind of emergency coverage.

Bob

Aye, having "travel" insurance isn't really showing signs that they are resident in the US, which wouldn't be good for the greencard.

Filing taxes and all the rest of it might help though...but in this situation, a consult with a immigration lawyer would be handy, if nothing else but to understand abandonment issues.

RICH

I recently became a US citizen. Prior to that, I was Green card holder, and I spent 6+ months per year in US. It never occurred to me to get UK travel insurance. In my mind, I lived in the US.

scrubbedexpat099

No UK policy expresses limits in dollars.

If they have travel insurance probably talking about annual policies that limit trip duration.

And yes you need cover that complies with ACA, Travel insurance does not.

lgabriel73

Your green card means you are a permanent resident regardless of the fact that you spend six months out of the county. You need to follow the US requirements when it comes to health insurance.