Danielle is a French citizen. She is married to Edgar, a British citizen, and has lived in the UK married to Edgar since 1982. She has never worked in the UK because Edgar has a full time job and his income is more than sufficient for them both to live on.

Danielle could potentially qualify for a right of residence as a self sufficient person. However, she would need to show that she has comprehensive sickness insurance. Without that, she has no current right to reside in the UK.

Before Brexit, that was not a problem as nobody was likely to try and remove her and she had a right of entry. When the UK leaves the EU and assuming EU free movement laws come to an end, Danielle will no longer freely be able to enter the UK, will have no EU right of residence as an existing resident and unless the UK Government makes provision for her she will be residing illegally in the UK.

The example is taken from CLICK HERE

What counts as comprehensive sickness insurance?

This is not an easy question to answer. The rest of the EU uses a system of health insurance to provide the public with health care. In the UK, uniquely, we have the National Health Service instead, which is not insurance based but instead simply provides free health care at the point of need. The EU rules on the need for comprehensive sickness insurance for self sufficient persons and students were not really written with the UK’s unusual situation in mind

The purpose of the rules is that self-sufficient persons and students should not become unreasonable burdens on state resources – or, as the Supreme Court put it in the very recent case of Mirga v SSWP, “economically inactive Union citizens using the host member state’s welfare system to fund their means of subsistence”

Access to the NHS is not enough (sic)

An EEA national living in the UK is allowed to use the UK’s National Health Service. The Home Office has long argued that this does not count for the purposes of EU law as having comprehensive sickness insurance, though.

The Home Office view was upheld by the Court of Appeal in the case of Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988: