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Old 29.11.2008, 10:08
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Medical care for non-EU spouse of EU person

Hi - this is a tough one to lay out but I've not seen anything online that's close.

Here under tourist window so no permit/visa.
Worked with UK embassy and have just rec'd citizenship (US/UK) which affords an EU passport.
Headed home in several weeks (hopefully to return in the future!)
My spouse would be considered an EU-spouse dependent I believe (he's only US) but were we to stay here, he'd have no legal issues. (Other than both of us registering with the commune/canton and looking for work within that 3-month or extended 6-month window allowed EU-er's as I believe I've read in the postings.)

Issue:
husband may require medical treatment shortly. (We have travel med insurance so it's not a drain on Swiss-anything.) It may require he extend his stay here as a consequence. Can I head back to States w/little ones as planned and leave him here with friends to finish treatment?

In other words, does a non-EU spouse of an EU-member have the right to stay in Switz. to continue medical treatment if the EU-member is not with him?

This is a twisty one, so I'm grateful if anyone has any viable info. Thanks.
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Old 29.11.2008, 11:01
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Re: Medical care for non-EU spouse of EU person

I think your biggest problem would be your insurance company - travel insurers are notorious for using any strategy they can to avoid insuring you (and I gather the same can be said for some US health insurance as well...)...

There may be a reciprocal medical arrangements with the UK, so you'd need to check with the UK embassy...

Also, there would be a difference in being treated as a 'tourist' and being treated with residency...have you seen a doctor here in Switzerland yet ?

Your insurance company may prefer to repatriate you to the USA for treatment, as this may be cheaper than treating you in Switzerland, so you may not be allowed to choose to stay...if he is fit to fly...
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Old 29.11.2008, 18:53
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Re: Medical care for non-EU spouse of EU person

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In other words, does a non-EU spouse of an EU-member have the right to stay in Switz. to continue medical treatment if the EU-member is not with him?
Your EU status has no legal implication as long as not you're not registered as a resident (employed - unemployed) here.

To follow the law to the letter your husband would have to apply for a residence visa on medical treatment grounds if he chose (and were qualified) to be treated here.
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Old 29.11.2008, 20:55
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Re: Medical care for non-EU spouse of EU person

Swiss hospitals are keen to attract foreigners requiring treatment. They can charge exorbitant fees!

Your US insurer may not be amused. The travel insurance may exclude preexisting conditions and may restrict cover to emergencies.

I would have thought that the patient can stay here under the 3-month US/Swiss visa waiver program. Pick a hospital and ask them to facilitate any visa required.
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