(edit title) Coprehensive Medical Insurance Skattsverket and Right of Residence Options

[hjoian]

Long story short...
I first registered my right of residence back in 2009, with Migrationsverket, as a self employed and person of adequate means.
My non-EU wife has to renew her Article 10, "family member of an EU citizen" resident permit. Apparently since 2014 Skattsverket are those who decide who has the Right to Reside in Sweden, and have asked for the usual bank statements and full comprehensive insurance. Back in 2009 i insisted that an EHIC card was suitable to cover all emergency treatment, and any non emergency treatment i could pay for, therefore following the guidlines set out by the EHCJ "not to become a burden on the host state"...so this was reluctantly accepted.
I have since read from many people that an EHIC card is no longer accepted. Has anyone recently had to obtain "fully comprehensive medical insurance" , and may i ask where you obtained it.

I had a successfull case against the Home Office backed up by the EHCJ, but it was 5 years of stress and fighting that i do not wish to repeat with Skattsverket over an insurance policy. Thanks in advance.

PS> What is the minimum Swedish pension for a couple now? I have to find 12 months worth of cash of that amount also!

[hjoian]

As an update, i have been informed that EHIC is no longer accepted. UK stopped supply of S1 in 2014, so that just leaves finding a provider for unrestricted comprehensive insurance. Skattsverket inform me that they do not keep a list of acceptable providers...why am i not surprised, i have yet to find an insurance policy with "no exemptions".
I only have 5 days left to submit this extra documents. If anyone has provided Skatts with an accepted policy, please let me know the provider. Cheers.

[yet another brit]

Sadly, there have been several threads on this...but I have never seen anyone able to suggest a solution (other than - "get a job"). :-( It's a tough nut, I think. Sorry I can't help.

[yet another brit]

Is the policy for you or your wife or both? If you have enough money and a company registered for F-skatt, why not give yourself and/or your wife a formal job? Would that help? Or is that just crazed thinking..

[hjoian]

Im self employed, but all my work has been in the UK. Its a catch 22, i can use my EHIC on the basis of not being in Sweden for a full 12 months, but the likely outcome of that is they may pull my person number.
I have spent an entire day searching for policies, and even a policy of 500 quid a month has exemption policies.
I had enough of the "no work for foreigners" comments in the surrounding arbetsformeddling, and the only work i have been offered was black and for absolute peanuts.
Thanks for your comments, its just a bit frustrating that after all this time and never having taken anything or wanted from the Swedish system, yet spending vast sums rebuilding property may end up with a deportation notice!
I didnt want to get involved into another protracted case of law, but it seems its going to go that way, theres enough supporting evidence from the EHCJ that say this demand is beyond what can be considered reasonable to avoid cost to the member state.
Depending on what happens with Brexit...i may not even bother. Cheers all.

[moodyb]

If you have been living in Sweden since 2009 you're supposed to be a permanent resident http://www.migrationsverket.se/English/Pri...-in-Sweden.html

[hjoian]

My wife is also suppose to have an automatic right to permenent status as she is now 6 years of having and Article 10 card for family member, she was never given a 5 year card that under EU law she was supposed to get, and i had to fight tooth and nail before they issued one of 12 months. Now we are being told that her status depends on mine fulfilling the "self employed/ self supporting", even though i have been registered since 2009 with a person number, Skatts are saying i have to still provide evidence that i fulfill the requirement. The insurance issue has changed and i need to conform to it, from emails i have with them, or i lose my right of residence and hence my wifes permit to be here will also be invalid.
I certainly lose nothing by applying for the right of permenet residence, but was told in the past i had spent too much time out of Sweden to qualify, though i believe anything more than 6 months counts each year, i might just scrape in...proving it is another issue...

[Case officer]

I have posted this before but it keeps coming up every second month or so:

No Swedish insurance company sell an unlimited medical insurance.

In evaluating private insurance policies, the Tax Agency requires that several conditions be met. The policy must be personal, and must not have a monetary ceiling for necessary health care. Private insurance policies may contain no disclaimers that deny coverage for certain complaints, and they must cover health care for injuries resulting from sports, risky activities, and so on.

The National Board of Trade contacted about twenty insurance companies to learn whether they sell insurance policies that comply with these criteria. None of them do.

http://www.kommers.se/In-English/Publicati...ving-to-Sweden/

[yet another brit]

My wife is also suppose to have an automatic right to permenent status as she is now 6 years of having and Article 10 card for family member, she was never given a 5 year card ... (show full quote)

My wife is also suppose to have an automatic right to permenent status as she is now 6 years of having and Article 10 card for family member, she was never given a 5 year card that under EU law she was supposed to get, and i had to fight tooth and nail before they issued one of 12 months. Now we are being told that her status depends on mine fulfilling the "self employed/ self supporting", even though i have been registered since 2009 with a person number, Skatts are saying i have to still provide evidence that i fulfill the requirement. The insurance issue has changed and i need to conform to it, from emails i have with them, or i lose my right of residence and hence my wifes permit to be here will also be invalid.
I certainly lose nothing by applying for the right of permenet residence, but was told in the past i had spent too much time out of Sweden to qualify, though i believe anything more than 6 months counts each year, i might just scrape in...proving it is another issue... ... (hide full quote)

You may have pickled yourself here - by keeping out of Sweden for more than 6 months each year, you will have avoided liability for personal tax in Sweden, right? And presumably paid tax in the UK? But if you then tell SKV that you have actually been here for more than 6 months each year and would like that totted up for residency qualification, then they might just turn round and have a back-dated look at your personal tax situation. If you are really unlucky, they might also decide that your business has been permanently based in SE and have a go at the taxes for that too. If on the other hand you have paid personal and business taxes in SE for the last five years, then that is a pretty good argument that you have been resident. Whatever, you might need a specialist in the tax treaty to help you.

[hjoian]

When i sold my first property here, they were very keen on me paying tax on any profit, until they realised how big my expenses were, but then were delighted to tell me i could not claim expenses as i was not resident! As far as UK tax man was concerned, if i am working in the UK for 3 months or more each year, then that is where my tax liabilities are paid. Skattsverket advised me when i wanted to discuss dual taxation to pay tax in the country i was working in...UK.
My time was pretty evenly split, 6 months in Sweden, 3 months in UK, 3 months in Russia. Family home in Sweden, but income only gained from work in the UK.
It was clearly spelt out that you could keep resident status if no longer than 6 months of the year outside of Sweden, and my status here was always as self supporting. Im quite sure someone, if they really wanted to, could point out to a day or week one side or the other of a 6 month period and either deny resident status or claim i should be paying taxes on global income. I have to dig out the last 7 years of travel docs...
I have just had a quote this morning for insurance at 521 quid, per month, which has lots of exemptions in the policy, dont think i will be buying that product.

[hjoian]

@ Case officer, yes i have read that, do you think Skattsverket care? The underlying law is that persons "should not become a burden on the host member state", so push comes to shove, we may buy emergency insurance with repatriation cover so there is no burden on Sweden.If that gets a refusual, then that will lead to escalation. We have already been here, (6 months a year). self supporting for 7 years, and what medical treatment we have had has been in a private clinic in Moscow. I find it very sad when they choose to treat everyone as a benefit or medical tourist. We have never taken any service from the state we have not paid for, and have obviously spent a vast sum to the benefit of the state through taxation.

[hjoian]

So, i have been offered an insurance policy with "comprehensive" in the title, at a cost of 5,000kr
per month. I sent off the details asking if this would be suitable, and if she did not know, could she forward the details to the person who could decide. The response i got was i have to purchase the policy first before they can make a decision. As it was a Skatteverket adviser who was telling me if i had further questions, do not hesitate to write, the last few emails have been nothing more than evasive and stonewalling. I have up to now been very polite and suggestive that their help to offer to make a correct application is most welcome and assistance in choosing a product that matches/or exceeds the requirements would benefit both parties by saving time and possible follow up applications, should we buy the wrong product.
Is there a complaints procedure where i can by-pass this person assigned to this application?

[LLHope]

I suspect you have dug your own grave...It sounds like you have been trying to play the 180 day tax rule to avoid global taxation of income by Sweden?

Skatteverket do NOT make decisions about Right of Residence, they only make decisions about taxes and population register. EU Citizens via Lisbon treaty either have or have-not Right of Residence in a Member State depending upon if they meet the requirements or not, it is not something you apply for.

If you are resident in any Member State continuously for 5 years whilst meeting the Right of Residence requirements then you automatically have Permanent Right of residency. Again, nothing is sent to you, you either have it or not if you have met the requirements during the entire 5 year period. You can apply for a Permanent Right of Residency Certificate/Card, then you will have to prove you met the requirements throughout the entire 5 year period. Residency in a Member State is not broken if you have lived there meeting the Right of Residence requirements for over 6 months...YES, a week here or there can make a difference, and also remember that travel in-out days are treated as days in Sweden. The reason for the 6+ months is the 180 day tax rule, it ensures that whilst you are claiming residency then you are also a tax resident, one of the tests of residency is that you can be asked to show you have paid taxes or at a minimum submitted tax declarations.

The burden of proof is on your side.

[hjoian]

Apparently, and since 2014, it is Skatteverket who decides if you have the right of residence, i was only informed of this last week, for whatever reason, migrationsverket outsourced this particular issue. It is they who are demanding fully comprehensive medical insurance to conform to right of residence.

I have "ordinarily resident" status for tax in the UK, i have cleared this issue with Skatteverket on a previous occasion, about dual taxation.

I have just completed the form for "permanent right of residence" and see what happens. I have been coming and going since 2005, and have never become a burden on Sweden, nor do i wish to do so in the future. Anyone know how long that normally takes to issue?

[LLHope]

Apparently, and since 2014, it is Skatteverket who decides if you have the right of residence, i was only informed of this last week, for whatever reason, migrationsverket out ... (show full quote)

Apparently, and since 2014, it is Skatteverket who decides if you have the right of residence, i was only informed of this last week, for whatever reason, migrationsverket outsourced this particular issue. ... (hide full quote)

Nope, wrong, incorrect

As an EU Citizen you either HAVE or DO NOT HAVE Right of Residence as long as you meet the requirements. The requirements are not just to be met once, but continually through the period in any/the-same Member State. It is NOT a decision made by any public authority. However, you can be asked to prove you meet the requirements.

Migrationsverket did not outsource anything in this respect, prior to 2014 it was required by law to register your right of residence with migrationsverket, this requirement was scrapped.

Skatteverket are guardians of the population register, NOT decision makers of Right of Residence since there is no decision to be made. You either have it or not, had it or didn't for some period. Skatteverket will only enter you into the population register if you meet the requirements for right of residence, and according to Swedish law should only do so after 12 months residence, though they can enter a person before that period if there is good reason to believe they will meet the 12+ months anyway.