Immigration: EU Nationals:Written question - 66114

Asked by Steve McCabe
(Birmingham, Selly Oak)

Named Day

'Named day' questions only occur in the House of Commons. The MP tabling the question specifies the date on which they should receive an answer. MPs may not table more than five named day questions on a single day.

Asked on: 01 March 2017
Home Office
Immigration: EU Nationals
To ask the Secretary of State for the Home Department, for what reasons the entitlement to free NHS care is not considered as fulfilling the comprehensive sickness insurance requirement for EU nationals applying for permanent residency.
Answered by: Mr Robert Goodwill
Answered on: 06 March 2017

The Free Movement Directive (Directive 2004/38/EC) states that EU citizens who are exercising Treaty rights as a self sufficient person or student must not become a burden on the social assistance system of the host Member State and must hold comprehensive sickness insurance. The Home Office considers that, allowing such EU citizens to rely on the National Health Service does not satisfy the comprehensive sickness insurance (CSI) requirement.

The latest Court of Appeal judgment on this question, Ahmad, supports the Home Office’s position and found that reliance on the NHS by an EU national could not, as a matter of law, meet the comprehensive sickness requirement.

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