Maria Luisa will be OK, but not having had health insurance is indeed a common problem for European / EEA citizens applying for permanent residence status in the UK.

By 1st 4Immigration - #1 UK Immigration Experts -
In this article in The Guardian: https://www.theguardian.com/uk-news/2016/dec/30/spanish-uk-resident-fears-insurance-loophole-will-force-her-to-leave , a Spanish national, Maria Luisa, was worried whether she would qualify for permanent residence status in the UK (such applications are very popular at the moment due to the uncertainly over Brexit). She has been living in the UK for the past 16 years and is married to a British national.

According to this article, Maria Luisa was worried that she took some time off work, approximately a year, when she had a child and returned to work 4 years ago; she has been working since.

The main point here is that European / EEA citizens do not just get residency rights in the UK beyond the initial 3 months (as it is widely believed). Instead an EEA citizen is expected to be exercising Treaty rights, such as working. Those who are not working can be classed as “self-sufficient”, and this includes EEA nationals coming to the UK to study.  A self-sufficient EEA national is expected not to be the burden on the UK welfare and also not to be the burden on the NHS, hence the EEA Regulations require to have comprehensive sickness insurance. In pan language - private health insurance (with some exceptions, such as EHIC card can be accepted for students).

After 5 years of continues exercising Treaty rights, an EEA national can qualify for permanent residence, after which they don’t have to keep working or worrying about health insurance.

Maria Luisa calls this an obscure rule, not well-known amongst the EEA citizens, and she is right! This rule does not usually create a problem for an EEA citizen residing in the UK, but when it comes to an immigration application, everything is “by the Rules”. This is often the first time most EEA citizens hear about this.

Important! Health insurance is not required for EEA nationals who are genuinely working in the UK, in employment or self-employment. It is also not required for EEA citizens who are direct family members of an EEA citizen worker (EEA citizen excludes UK citizen for this purpose).

Health insurance only required for those who are not working (including students) and who are not family members as above.

In Maria Luisa’s case, she will be OK on this point (as she was correctly advised) because she had accumulated 5 years of continuous working during 2003 – 2009, ie before she had maternity leave.

It is, however, indeed a common problem for European women residing in the UK, particularly those whose spouse is not European. For example, a Spanish woman married to a Brazilian man. If an EEA woman leaves her job to have a child, her non-European husband continues working and supporting his family, yet it would not work for an immigration application! The European wife would be considered “self-sufficient” and would need to show health insurance for the whole family. Strictly speaking, this would be a condition of the non-EEA husband working legally in the UK because his rights to live and work here depend on his Spanish wife exercising Treaty rights!

For an individual advice or to make an application please contact us: info@1st4immigration.com  or visit our website www.1st4immigration.com . We also have a post for EEA national students, who needs insurance and who can be exempt: http://1st4immigration-visas.blogspot.co.uk/2017/02/do-all-eea-nationals-student-need.html

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