# EHIC and temporary workers



## sandy8100 (Mar 10, 2015)

I know the answer to this is here somewhere but I just can't find it!
Can I use my EHIC if I am working temporarily in Spain?


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## jojo (Sep 20, 2007)

The EHIC is for tourists and necessary emergency treatment only. So no, legally you cant. But if you have an employment contract in Spain, then you should be eligible to use the Spanish health care system

Jo xxx


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## sandy8100 (Mar 10, 2015)

Thank you Jo for a succinct and very helpful reply!


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## snikpoh (Nov 19, 2007)

jojo said:


> The EHIC is for tourists and necessary emergency treatment only. So no, legally you cant. But if you have an employment contract in Spain, then you should be eligible to use the Spanish health care system
> 
> Jo xxx


The key though is having a legal work contract - quite unusual in Spain and even more so for temporary jobs!


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## Alcalaina (Aug 6, 2010)

jojo said:


> The EHIC is for tourists and necessary emergency treatment only. So no, legally you cant. But if you have an employment contract in Spain, then you should be eligible to use the Spanish health care system
> 
> Jo xxx


The EHIC is for anybody on a temporary stay, not just tourists. You can use it for both emergency treatment and pre-existing conditions. This is from the government website.



> Your European Health Insurance Card (EHIC) will enable you to access the necessary state-provided healthcare in Spain at a reduced cost, or sometimes for free when on a temporary stay. The Spanish health authority determines what treatment is considered necessary and cannot wait until your return to the UK.
> 
> The EHIC also covers you for treatment of pre-existing medical conditions, although it does not cover you if you are travelling for the express purpose of obtaining medical treatment. In this case, see our section about Seeking medical treatment in Europe.
> The EHIC also covers you for routine maternity care provided the reason for your visit is not specifically to give birth.


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## snikpoh (Nov 19, 2007)

Alcalaina said:


> The EHIC is for anybody on a temporary stay, not just tourists. You can use it for both emergency treatment and pre-existing conditions. This is from the government website.


Correct but I think they view working outside of UK as something different and the EHIC should NOT be used - even if it is a temporary job.


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## Alcalaina (Aug 6, 2010)

snikpoh said:


> Correct but I think they view working outside of UK as something different and the EHIC should NOT be used - even if it is a temporary job.


Well it depends on the nature of the work I guess, and how long you are there. If you are sent overseas by your employer they should of course provide medical insurance. But there is nothing in the EHIC regulations that says eligibility depends whether or not you are working.


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## sandy8100 (Mar 10, 2015)

Thanks to all of you for the replies - I knew it wasn't going to be straightforward!
It's good to know there are lot's of people on this site with lot's of information and opinions, and are happy to pass on their knowledge.
Thanks again


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## Claire la richarde (Jul 6, 2009)

Alcalaina said:


> Well it depends on the nature of the work I guess, and how long you are there. If you are sent overseas by your employer they should of course provide medical insurance. But there is nothing in the EHIC regulations that says eligibility depends whether or not you are working.


If you're to work in the EEA or Switzerland by your employer for two years or less, you can use your EHIC

Moving abroad - Healthcare abroad - NHS Choices

"If you are sent to work in an EEA country or Switzerland for two years or less you’ll have to apply for a European Health Insurance Card (EHIC), which enables you to access healthcare, with a valid and registered A1 form, while working abroad. For more information, contact HMRC."

(About the A1 form)
"If you are a worker seconded abroad to an EEA country or Switzerland for more than two years but less than five years, your employer should contact HM Revenue and Customs (HMRC) for the following forms:
•A1 - this will show that National Insurance contributions are paid in the UK 
•S1 (previously E106) – this will give you and your family the same medical cover as residents of the country you will be working in 

Note: Ensure when you submit the forms you mention relevant family members and dependants"


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## snikpoh (Nov 19, 2007)

That's IF you are sent abroad by your employer. 

What happens if you CHOOSE to go abroad for a while (unless you're a nanny, I see) - surely you can't be covered then?


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## Alcalaina (Aug 6, 2010)

snikpoh said:


> That's IF you are send abroad by your employer.
> 
> What happens if you CHOOSE to go abroad for a while (unless you're a nanny, I see) - surely you can't be covered then?


Why not? The principle is the same. You are covered in another EU member state for a _temporary period_, whatever the reason. It's a reciprocal arrangement.


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## snikpoh (Nov 19, 2007)

Alcalaina said:


> Why not? The principle is the same. You are covered in another EU member state for a _temporary period_, whatever the reason. It's a reciprocal arrangement.


If this were true, then surely the EHIC would be a valid form of health cover in order to get (temporary) residency (aka sign on the list of foreigners - but it's not.


Also, what's to stop somebody claiming to be here temporarily and using the EHIC for 2 years.



Seems like a ball of chalk to me!!!


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## Alcalaina (Aug 6, 2010)

snikpoh said:


> If this were true, then surely the EHIC would be a valid form of health cover in order to get (temporary) residency (aka sign on the list of foreigners - but it's not.
> 
> 
> Also, what's to stop somebody claiming to be here temporarily and using the EHIC for 2 years.
> ...


I think you need to go back to what the EHIC is all about. It's a Europe-wide scheme to cover healthcare requirements while someone is temporarily resident, or on holiday, in another member state - to avoid all the bureaucratic procedures involved in registering and deregistering in another country's health service for just a short period. This is a key feature of the principle of freedom of movement in the EU.

Many people come and go between different countries all the time and use their EHIC, quite legitimately. The fact that Spain has decided to introduce health cover as a requirement for residence if you stay longer than three months doesn't affect that principle.


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## xabiaxica (Jun 23, 2009)

Alcalaina said:


> I think you need to go back to what the EHIC is all about. It's a Europe-wide scheme to cover healthcare requirements while someone is temporarily resident, or on holiday, in another member state - to avoid all the bureaucratic procedures involved in registering and deregistering in another country's health service for just a short period. This is a key feature of the principle of freedom of movement in the EU.
> 
> Many people come and go between different countries all the time and use their EHIC, quite legitimately. The fact that Spain has decided to introduce health cover as a requirement for residence if you stay longer than three months doesn't affect that principle.


but......

then there's this https://www.gov.uk/tax-foreign-income/residence


> *Work out your residence status*
> 
> Whether you’re UK resident usually depends on how many days you spend in the UK in the tax year (6 April to 5 April the following year).
> You’re automatically resident if either:
> ...



yes it's to help decide tax residency - but if you aren't resident in the UK then the UK won't pay any EHIC bills - so perhaps it's more complicated - or maybe more straightforward

if someone is working abroad full time - even if the company HQ is UK based - it looks as if they wouldn't be resident, so the UK wouldn't pick up the EHIC bill

if you're _seconded _to Spain (for example), by a UK company, then you should apply for an S1 - the EHIC doesn't cover you
https://www.gov.uk/guidance/healthcare-in-spain


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## Alcalaina (Aug 6, 2010)

xabiachica said:


> but......
> 
> then there's this https://www.gov.uk/tax-foreign-income/residence
> 
> ...


Or you could turn this round and say that if you are going to be working abroad for a period of _less than_ six months, you are still a UK resident and therefore entitled to use an EHIC.

The Spanish 3-month rule complicates this of course, but I don't think it contradicts what I said earlier about the principle.


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## xabiaxica (Jun 23, 2009)

Alcalaina said:


> Or you could turn this round and say that if you are going to be working abroad for a period of _less than_ six months, you are still a UK resident and therefore entitled to use an EHIC.
> 
> The Spanish 3-month rule complicates this of course, but I don't think it contradicts what I said earlier about the principle.


it's an EU rule though, the 3 month thing

all the EU countries consider you to be resident & most require registration by the 3 month point


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