Can my wife claim?

missbiggles1

FBaby wrote: »

Did she work in Holland? Maybe she might be entitled to something from their benefit system even though she doesn't reside there any longer.

OP says she doesn't work.

MissMoneypenny

pmlindyloo wrote: »

May I gently point out that as the OP is married to his EU member wife most of the latest posts are incorrect.

There does seem to be a little confusion in these posts between EU nationals (which UK citizens are too) and non EU nationals.

Access to the NHS is not granted because of nationality but because of right to reside and habitual residence which, I believe, the OP's wife achieves through her marriage to him.

You are wrong.. Merely being married to a UK citizen does not give an EEA citizen the right to reside in the UK and free NHS from the UK, just the same as it doesn't give non-EU citizens the right to live in the UK and be given free NHS if they marry a UK citizen. EU law and UK immigration laws are different.

EU laws - the EU citizen has to have to be a Qualified Person to reside in the UK. There is Worker, Self Sufficient, Student, or Jobseeker Qualified Person: there is no 'married to a UK citizen qualified person' under free movement treaty rights. Three months in the UK is all an EU passport gives and then they must leave or be a qualified person to have a right to reside. Even if they are a qualified person and have a right to reside, not all Qualified Persons can have free healthcare from that country.

Under UK law, a foreign national can apply for a UK spouse visa and once granted, they can then use the NHS for free. Although that also changed on 6 April 2015 under that Immigration Act 2014 and they must now pay a contribution towards their healthcare of £200 a year before they are allowed a visa; this is called the Immigration Health Surcharge. Once they pay that IHS of £600 (rounded up) for their 33 months visa and their UK spouse visa is granted, they can use the NHS for free while they have a valid visa. There is no in-work requirement for them to use the NHS for free as they are under UK immigration laws.

EU citizens who have a right to reside as a qualified person but no free NHS from the UK, cannot buy that Immigration Health Surcharge even though it is much cheaper than buying private insurance because they are using EU laws to be in the UK, not UK laws.

Overstayers also cannot use the NHS for free, even if they are married to a UK citizen.

The NHS won't refuse emergency treatment or a birth, but they will now chase their payment.

On another website someone said he was just taken to court by the NHS for treatment for an emergency when his father visited. Since then, under that Immigraion Act 2014, from 6 April 2015 the NHS can now add 50% to bills if they don't have insurance, which is kept by the NHS that gave that treatment. Another said they received their NHS bill after the stay on a ward and thought they had got away with it and they did have 50% added to their bill. EU citizens won't have to pay that 50% extra to their NHS bill, 25% extra for EU citizens was the suggestion.

xylophone

we got married a few months ago

So went through all steps here?

https://www.gov.uk/marriages-civil-partnerships/giving-notice-at-your-local-register-office

nrishiraj

xylophone wrote: »

So went through all steps here?

https://www.gov.uk/marriages-civil-partnerships/giving-notice-at-your-local-register-office

Yes, we are officially married here in the England.

pmlindyloo

MissMoneypenny.

I just cannot get my head round what you are saying as regards the OP and his wife.

Are you saying that she will have to pay for her NHS treatment for the birth of their child (despite the link given saying the opposite)

It is the OP's child too.

Everything I read suggests the opposite.

As regards claiming benefits - CB etc there would be no problem as the OP can claim in his name.

nrishiraj

oh gosh im confused

FBaby

It's quite an interested subject! At what age is a one considered entitled to NHS care? At birth, from the embryonic stage? At the point the pregnancy is viable? Because the currently unborn baby is a british citizen to be born!

xylophone

http://www.maternityaction.org.uk/wp/advice-2/mums-dads-scenarios/3-women-from-abroad/maternity-rights-and-benefits-eu-eea-and-swiss-nationals-including-a8-and-a2/

A telephone call to this organisation might throw some light on the situation?

[Deleted User]

FBaby wrote: »

It's quite an interested subject! At what age is a one considered entitled to NHS care? At birth, from the embryonic stage? At the point the pregnancy is viable? Because the currently unborn baby is a british citizen to be born!

They are entitled to nothing until they are born and take a breath, a fetous is not recognised as a person.

FBaby

_shel wrote: »

They are entitled to nothing until they are born and take a breath, a fetous is not recognised as a person.

I'm not sure about that. I believe they are recognise as a person in the judicial system if they have passed the stage of being viable if born so not sure why it would be different with the NHS if not getting the care could kill them.