Residency and Healthcare entitlement

[fluff46jackson]

Hi, take a deep breath, this is a long one!! we have lived here since Feb 2007 (both from UK), having purchased our house in the Valencia region in 2006. We specifically chose this are as neither of us were of state retirement age and at the time there was free healthcare for all in this region. In 2008, the law changed but I still had a year under the terms of my E106, and my husband was still working in the UK and travelling here for the weekends. We decided to open a bar, so employed an assesoria who decided that I should become the Autonomo, and I therefore had to apply for my residencia in Sept 2008. Before I opened the bar my husband became very ill and following tests etc we were told that the should not be working - he took early retirement/redundancy in March 2009. Shortly afterwards I closed the bar as his condition is dangerous and we were led to believe his life expectancy could be short. Since November 2009 when my autonomo status ended, our health centre has been treating him using his EHIC card which I became very nervous about and as a result, he has not been able to have any monthly blood tests which are essential or any scans for the last 3 years- we do not have any savings and are now living on a small pension so no spare money, although he is still breathing! With the change in the law that I had heard about I thought we should go to the INSS office and register as we would then be eligible for free healthcare - At our appointment I was issued with my right to free healthcare, but they said that my husband needed to get his residencia as he needed to regsister in his own right as I was no longer working - we tried to get the residencia this morning and was told that he could not be issued with one as he doesn't have health insurance ! So here we are stuck between the rock and a hard place, holding my breath for the next 3 years until he reaches state retirement age, hoping that he doesn't die - surely that can't be right ? I have been on the phone to everyone I can think of, British consulate, department of work and pensions and so far, nothing! I know he has been trundling along for 3 years now and perhaps I wouldn't feel quite so worried if his consultant at our local hospital hadn't rung last week to ask why he hadn't been back for check ups!

[fluff46jackson]

Further to my earlier post I have spent some hours researching this problem and I may have found the solution - According to Chapter 4 article 10 of the Real Decreto 240/2007, de 16 de febrero, it would appear that provided you have resided permanently in Spain for more than five years, then you do NOT have to meet the conditions as laid down for residency in Chapter 3 (the one that states you must have health insurance) - now just have to find out how we can prove the fact Spain has been my husbands permanent and only place of residence since 2007 ! Unfortunately not as simple as it would appear, as he is in receipt of a RAF pension which has to be taxed in the UK so we've been unable to be taxed here on his income, although when we had the Bar the tax return for 2008/9 was submiited to the Spanish authorities in my husbands name by the assesoria, so that may help.

Any suggestions/advice will be gratefully received.

[fluff46jackson]

Damn and blast - maybe I jumped the gun, as that piece of legislation has been superceded, although still not sure if that part applies!