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The Right to Free Healthcare as a Permanent Resident?

Posted in: Health
Author: Myra Cecilia Azzopardi
Tags: ,

This question keeps popping up. Neither ourselves or others who have contacted the embassy have been able to get a clear explanation on how to apply for this healthcare. We can only think that the embassy has possibly picked this from the regulations that say that after five years when applying for permanent residency etc. you do not have to show that you have health care.

Besides the right as permanent residents, the healthcare in Spain is residenccy based.  The foreigners law: This law outlines the rights and liberties of foreigners in Spain affirms that foreigners who are registered in a Spanish municipality (empadronados) are entitled to healthcare services under the same conditions as Spanish nationals. Residents are entitled to healthcare if for instance you cannot export healthcare from your home country, you’re not working or self-employed, a dependent and have no other option, you are entitled to healthcare cover. The problem being that the Social Security office has used the residency law to state that those who became resident after April of 2012 are excluded from this right.  This is not correct. 

CAB had a meeting with a lawyer/judge who agreed with us on the statement above. He stated that the action by the INSS amounted th “Prevaricación” dishonesty.

When asked to confirm the free healthcare for permanent residents, we cannot. We refer you back to the Embassy or Consulate for an explanation.

We have offered to take a class action against the INSS but nobody has to date decided to take this up preferring to continue to pay for privare healthcare.

 

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Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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