# Moving to UK with Japanese wife, having a child



## TheRoboticRichardSimmons (Aug 27, 2011)

I'm an EU citizen and currently living in Australia with my Japanese wife. We're planning on relocating to to the UK early in the new year and we're currenty applying for an EEA family visa for my wife. 

My question is that we're also thinking of starting a family soon after we arrive and want to know whether if my wife becomes pregnant when in the UK is she covered under the NHS with this visa or is there some waiting period like with health insurance companies before antenatal care etc. is covered?


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## Joppa (Sep 7, 2009)

TheRoboticRichardSimmons said:


> I'm an EU citizen and currently living in Australia with my Japanese wife. We're planning on relocating to to the UK early in the new year and we're currenty applying for an EEA family visa for my wife.
> 
> My question is that we're also thinking of starting a family soon after we arrive and want to know whether if my wife becomes pregnant when in the UK is she covered under the NHS with this visa or is there some waiting period like with health insurance companies before antenatal care etc. is covered?


She will be fully covered for NHS ante-, peri- and post-natal services as resident. It may be best to wait until she gets her residence permit, which she can apply straight after arrival (but currently there is a wait of some 5-6 months while they clear their backlog). It is a document that certifies her resident status as a family member of an EU national, and is valid 5 years. She applies on EEA2 form, and is free.
Meanwhile she can register with a GP for routine consultations.


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## christopheintheuk (Aug 28, 2011)

I am a French citizen with a Japanese wife and we arrived last week in the UK. Me and my kids (who have both nationalities) are eligible for NHS right away. Unfortunatly my wife who has only a EEA family permit is not yet eligible until she gets her EEA2 permit.

I was told by the medical center that she should register a private healthcare. I was researching private medical insurances (PMI) such as bupa or AXA PPP but they seem to be complementary to who has already a NHS cover. Could you recommend me some insurance for foreigners, that will works few months unti
l we get her the EEA2 visa.

Thanks


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## TheRoboticRichardSimmons (Aug 27, 2011)

That's great to hear, thanks. I guess we should apply for the residence permit upon arrival!


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## christopheintheuk (Aug 28, 2011)

I have been in contact with bupa international and they provide a cover equivalent to NHS for about 282£ a month. That's pretty expensive. As I expected, bupa UK only covers people already covered by NHS.

Do you know any alternative solutions?


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## christopheintheuk (Aug 28, 2011)

Also NHS will cover foreigners as soon as they get their visa, not before. You cannot claim that the application is under going. The medical expense made before the issue of the resident card won't be reimbursed. Maybe it is good to get an insurance before.


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## christopheintheuk (Aug 28, 2011)

Now I am taking more informations about the EEA2 residence card. The application form says that residence card is not mandatory. "the non-EEA family members of an EEA national have a right to reside in the UK if their EEA national family member is exercising a Treaty right in one of the following ways: worker/self-employed/student".

If my understanding is right, as I am working, my wife has the right to live in the UK and then has right to get NHS. How could I prove that to my GP?


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## Joppa (Sep 7, 2009)

christopheintheuk said:


> Now I am taking more informations about the EEA2 residence card. The application form says that residence card is not mandatory. "the non-EEA family members of an EEA national have a right to reside in the UK if their EEA national family member is exercising a Treaty right in one of the following ways: worker/self-employed/student".
> 
> If my understanding is right, as I am working, my wife has the right to live in the UK and then has right to get NHS. How could I prove that to my GP?


That's why she should get residence card! While under EU law she is entitled to live in UK, the only way to prove is to have an official document confirming it, which residence card does. Without it, she will have difficulty re-entering UK after the expiry of the 6-month EEA family permit, unless she gets another permit before arriving at UK border.


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## christopheintheuk (Aug 28, 2011)

Fair enough. The simpliest way is definitely to show the GP the residence card.

But for me the logical way is that if she has the right to live in the UK without a residence card, she should be able to get to NHS without that card. The entry clearance already shows her relation to me.

I agree that she will need the card as a right to re-entry in the UK but re-entry is now less important than health security. Accident and illness can happen any time.

I will put the details if anything new.

Thanks


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## Joppa (Sep 7, 2009)

christopheintheuk said:


> Fair enough. The simpliest way is definitely to show the GP the residence card.
> 
> But for me the logical way is that if she has the right to live in the UK without a residence card, she should be able to get to NHS without that card. The entry clearance already shows her relation to me.


But it expires in 6 months.



> I agree that she will need the card as a right to re-entry in the UK but re-entry is now less important than health security. Accident and illness can happen any time.
> 
> I will put the details if anything new.


The fly in the ointment is it's currently taking anything up to 5-6 months to get residence card. UKBA is planning to introduce a paid-for same-day premium service at its Liverpool office, but nothing has been announced yet as I write. So while you wait for her card, you may want to play safe and get a private medical cover, for anything other than routine GP consultations.


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## christopheintheuk (Aug 28, 2011)

On the visabureau website I found out this quote that confirm what Jobba is telling me.


> An EEA Family Permit would in this instance would usually be issued for 6 months and allows unrestricted employment in the UK for the duration. In the course of those 6 months it is expected the EU citizen applies for a Residence Permit (if not already held) and their spouse/partner applies at the same time for a Five Year Family Permit.



This previous quote is in contradiction why the UK Border Agency paragraph on its EAA2 Residence Card application form (page2)


> There is no legal requirement for non-EEA or non-Swiss national direct family members of EEA or Swiss nationals who are exercising Treaty rights in the UK to obtain a residence card to confirm their right of residence in the UK. Any such non-EEA or non-Swiss national applying for a residence card does so on an entirely voluntary basis.[...]


This is what I do not really understand.


Regarding the Health Security, the UK Border Agency is asking for an evidence of _private comprehensive sickness insurance policy_. I asked for a quote on healthinsurancesolutions.co.uk and drewberryhealthinsurance.co.uk so I hope I can get something clear. I found on other forums that say I may get something around 40£/month.


Now another concern about the first quote and especially


> In the course of those 6 months it is expected the EU citizen applies for a Residence Permit (if not already held)


I thought the EU citizens would automatically have it (at least the permission, not the card itself) as member of the EU/EEA. Even I want to apply such permit, I am again facing contradictions. "Permanent Residence in the UK is called Indefinite Leave to Remain (ILR). Indefinite Leave to Remain is granted to people who have already shown a commitment to the UK on a temporary visa." but I do not have temporary Visa as a EEA member. Now, they help me check if I can qualify ILR but they ask (in the second part) for my visa which I not have.

Basically, I do not mind (yet) to not have the residence card as my french passport is supposed to work as well (I think). But I am worried if it can affect my wife's EEA2 application.

Many thanks


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## Joppa (Sep 7, 2009)

christopheintheuk said:


> On the visabureau website I found out this quote that confirm what Jobba is telling me.
> 
> 
> 
> ...


You don't have to have a residence certificate for UK as an EU citizen. Your passport is all you need to prove your entitlement as an EU national. While having it makes it easier when your wife applies on EEA2 for residence card, you can also supply other evidence of exercising treaty rights, such as employment contract.

The thing about residence card for non-EEA family member is that it provides documentary proof of entitlement to live in UK. While under EU law they don't have to have it (and the UKBA site mentions it in order not to fall foul of EU regulations), each EEA state can have its own rules about satisfactory evidence to be produced. So not having residence card will affect their ability to re-enter UK as well as when getting a job. Normally those who don't have residence card will have to get a fresh EEA family permit each time they want to re-enter UK, which will be a serious inconvenience. So if your wife doesn't want the hassle of having to argue her right under EU each time she arrives at UK border (with a possibility of refused entry), she should get her residence card.

Residence card application is currently taking anything up to 5-6 months, and there is as yet no mechanism for speeding it up by paying a fee, but it's under consideration by Home Office.

About the other thing you mention about ILR as an EU citizen. Since 2006, EU nationals who have lived in UK for 5 years automatically attain permanent residency, which is considered equivalent to ILR. This is only of academic interest for most as they have the right to live in UK as long as they like under EU law, but may become relevant if they want to be naturalised as British citizen, for example, for which PR/ILR is essential.


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## christopheintheuk (Aug 28, 2011)

I received the certificate of application telling my wife she will get an answer within 6 months. This letter arrived today the 1st of october. Application dated on 9th september.

About the comprehensive sickness policy, we got an insurance from Aviva with 3 months free. Something around 55pounds. This is more than the expected 40 pounds but sounds like age, sex and the hospital you may have to choose will change the price.

Anyway, the process is on its way. Hope on a good way.


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## Joppa (Sep 7, 2009)

christopheintheuk said:


> I received the certificate of application telling my wife she will get an answer within 6 months. This letter arrived today the 1st of october. Application dated on 9th september.
> 
> About the comprehensive sickness policy, we got an insurance from Aviva with 3 months free. Something around 55pounds. This is more than the expected 40 pounds but sounds like age, sex and the hospital you may have to choose will change the price.
> 
> Anyway, the process is on its way. Hope on a good way.


Good!
Do let us know when your wife gets her residence card. The standard timescale is within 6 months, but I'd like to know how long it's currently taking. Latest information I have is that many people get it within 2-3 months (one person got it within a month, but that must be an exception). Home Office was going to start a premium service at extra cost (around £300) for those who want their document on the same day, but there is no mention of it in the new UKBA website so looks like it has been shelved. There was a threat of appeal to the European court for EU family members having to pay for a service which should be provided free.


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## christopheintheuk (Aug 28, 2011)

My wife received her residence card (which is not a card but a visa sticked in her passport) last friday, 2nd December. It took about 3 months (~6 SEP to 2 DEC). This is good to know as I expected more from the different testimonies I found around the net. This is a 5 year Visa.

Two strange things : the visa has been issued the 4th October. It looks like it takes more time to send the visa back than approving it.
I put a pre-paid (by myself) registered envelop to allow the UKBA to send us back the important documents (as they mention in the application form). The passport and other important papers did arrive by registered mail, but in a different envelop. Then I do not know who kept the one I paid for. My guess is that they would have used it if I asked to get back some documents prior to the delivery of the visa.

Anyway, we got our Visa. I could register my wife to NHS the same day. Now we need to get my wife an English driving license before the Japanese one expires. I already got the information from the direct.gov.uk website and from our local police station (they actually made me a copy of the same web page).


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## Joppa (Sep 7, 2009)

christopheintheuk said:


> My wife received her residence card (which is not a card but a visa sticked in her passport) last friday, 2nd December. It took about 3 months (~6 SEP to 2 DEC). This is good to know as I expected more from the different testimonies I found around the net. This is a 5 year Visa.
> 
> Two strange things : the visa has been issued the 4th October. It looks like it takes more time to send the visa back than approving it.


Yes, this is very common. I don't think they are just lazy in sending the passport back, but it must go through a procedure or two before being returned to the applicant.



> I put a pre-paid (by myself) registered envelop to allow the UKBA to send us back the important documents (as they mention in the application form). The passport and other important papers did arrive by registered mail, but in a different envelop. Then I do not know who kept the one I paid for. My guess is that they would have used it if I asked to get back some documents prior to the delivery of the visa.


Again it happens. They probably have just 'lost' your original franked envelope!



> Anyway, we got our Visa. I could register my wife to NHS the same day. Now we need to get my wife an English driving license before the Japanese one expires. I already got the information from the direct.gov.uk website and from our local police station (they actually made me a copy of the same web page).


I'm sure your wife got the official translation of her Japanese licence from the embassy for £15. After getting her British licence, her Japanese licence will be returned to the embassy, and she can ask for it to be sent to her or collect it herself.


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