Talk Quesada forum

just a question ,
if a UK RESIDENT aged 60 qualifies to become a Spanish resident with all the necessary qualifications including takeing out private health care in spain which is needed to become resident at that age,as a non worker in spain, they are not entitled to Spanish health care as they have not contributed to the Spanish system which is fair enough, Does that person automatically lose there NHS entilement ?because they become Spanish residents,

Healthcare after Brexit
If there is a deal and you are resident in Spain, your current rights on access to healthcare in Spain will remain the same as long as you remain a resident in Spain.

If there’s no deal, the Spanish Royal Decree states that if you are registered in Spain as a resident, you will be able to continue to access healthcare. This will apply until at least the end of 2020, provided the UK makes the same arrangements for Spanish nationals in the UK. Read the Spanish government’s guidance on access to Spanish healthcare and Brexit. We will update this guidance when there is a formal agreement between the UK and Spain about this.

Should UK nationals face changes in their circumstance and wish to return to the UK, they will be entitled to NHS services as soon as they take up ordinary residence in the UK.

If there’s no deal, your Spanish TSE may not be valid for use in the UK. If you are an S1 holder your UK-issued EHIC may not be valid for travel to other European member states. In either case, you must ensure you have comprehensive travel insurance.

Read the NHS guidance on healthcare for UK nationals in Spain and how it may change after Brexit.

thanks jpeg,
but what about my question,UK Resident aged 60 not working in spain never contributed to Spanish health care, HAVE to HAVE private healthcare (to what age) to become Spanish resident ,do I lose my NHS cover ?if I become Spanish resident,is it yes or no,?...…….thanks.

Yes, you do lose your healthcare cover in UK as it is resident based. If you are not a UK resident you do not have access to the NHS except for emergency treatment.

If you are over pensionable age with an S1 then you do retain healthcare in UK.
All conjecture on what will happen in the future, of course.

If you are a UK pensioner then you can easily access the Spanish Health system as can your partner as a dependent.
Richard

jpeg wrote:Should UK nationals face changes in their circumstance and wish to return to the UK, they will be entitled to NHS services as soon as they take up ordinary residence in the UK.

The problem with that statement is that there is no legal definition of ‘ordinary residence’.

Ordinary residence broadly refers to the place you normally live for the time being, as long as there is a degree of continuity about your stay.

The main test is set down in a case called Shah where the meaning of the words ‘ordinarily resident’ was considered. The ruling found that:

An individual who is living lawfully in the United Kingdom voluntarily and for settled purposes as part of the regular order of their life for the time being, whether of long or short duration, with an identifiable purpose for their residence here which has a sufficient degree of continuity to be properly described as settled.

Official guidance advises that 'ordinary residence' should be given its everyday and natural meaning based on the facts of each case and subject to interpretation by the courts.

As woolly an confusing as that is in plain English it seems to say that any UK citizen or person with the right of abode moving back to UK with the intention of remaining for an indeterminate time is entitled to health care as if they had never left.

Once a UK resident becomes a Spanish resident and has had private healthcare for a period of 12 months they can then apply for Convenio Especial and pay each month into the Spanish healthcare system. A person of 60 years of age will pay €60 a month and qualify for a SIP card which can be used at Dr's and Hospitals within Spain. On doing this your right to UK NHS cover is lost.

thanks all for answers,

How about this to add to the confusion..

As the UK system is residency based... suppose a UK guy who is resident in Spain, goes back to the UK and rents a property for a week... are they then okay for UK medical cover, as they now "reside" in the UK?

.

upon further thought, I wonder if the private Spanish health care one would need to take out to get residency with being under retirement age, cover you while in the UK , THATS A QUESTION to ask the private healthcare provider in spain,or has anyone had experience of this,?