The Court of Justice of the EU holds the UK unlawfully prescribed Comprehensive Sickness Insurance for over a decade (VI v Commissioners for Her Majesty's Revenue and Customs)

Article summary

EU analysis: In a recent judgement of the Court of Justice, the court held: (i) Where an EU national and their family members had access to NHS, they have comprehensive sickness insurance (CSI) for the purposes of Article 7(1)(b) of the Citizens’ Directive; (ii) Once a self-sufficient child has acquired permanent residence, there is no need for either that child or the primary carers upon whom the child depends, to continue to have CSI. While the UK has long-held that access to the NHS would not suffice to cover the comprehensive sickness requirement, and therefore those residing without some sort of separate private or other insurance cover were not residing legally, this judgement overturns that requirement. Although the UK has now left the EU, this will have an impact both for those seeking to naturalise as British citizens later on, and on the...