This is from Chapter 9 (Appeals) of the UKBA’s European Casework Instructions
3.4 Sickness Insurance
Persons must not become a burden on the public finances of the host Member State. In paragraph 93 of Baumbast, the ECJ found that it was disproportionate for a lack of sickness insurance that covered emergency medical treatment within the UK to be a reason for refusing to grant a right of residence on this basis. Furthermore, the law in regard to the NHS prevents us from restricting people from obtaining medical treatment after they have been here for more than 12 months.
Presenting Officers should seek to argue that an EEA national who holds no form of medical insurance is not appropriately covered. Where evidence of medical insurance is produced, it must clearly demonstrate that the EEA national and their families are covered in respect of all pre-existing medical conditions that require medication and/or treatment as well as any treatment that may be required for serious or long-term medical conditions. Any arguments should focus on whether or not the EEA national or their families could be considered an “unreasonable burden” on the UK.
Article 7 (b) of Directive 2004/38/EC states that Union citizens should have ‘comprehensive sickness insurance’. The ECJ has yet to rule on the definition of this. Therefore, it is important that Presenting Officers highlight that the appellant must give details of the sickness insurance policy before the court rather than simply producing a cover note. Senior Case Workers should be consulted in complex cases.