Sonrisa seems to be an expat in Egypt, would that not make a difference to what she is entitled to, if for instance she has been out of Spain for a number of years and no payments have been made into the Spanish Tax system?
No. The law was ;
"Article 12. The Right to Health Care.
1. Foreign nationals in Spain who are registered in the census of the municipality in
which they normally reside shall have the right to health care in the same
conditions as Spaniards."
The only requirement for anybody , whether spanish national or resident foreigner was registration on the padron.
I would assume that Sonrisa had family here so the only requirement would have been that her parents, grandparents, in-laws could have registered her on the padron.
One of the sons of my spanish neighbour is neither employed nor unemployed & obtains his healthcare just by registration on the padron through his parents. His Russian fiancée , who is not nor can obtain residencey , obtains her healthcare through him. She also has a soc. sec. number !
In addition , still from article 12 ;
" 2. Foreign nationals in Spain have the right to emergency public health care in the
case of serious illness or accident, whatever the cause, and to the continuance of
such care, until a medical release has been given.
3. Foreign nationals in Spain who are younger than eighteen years of age shall
have the right to health care in the same conditions as Spaniards.
4. Foreign nationals in Spain who are pregnant shall have the right to pre-natal,
delivery and post-natal health care."
All the above in english is from the Ley orgánica/ ley de extranjeros, which is this;
http://www.tt.mtin.es/periodico/LEY_EXTRANJERiA(BOE12-12-2009).pdf
which is what Rajoy brought into law at the begiining of the year but it has always existed under the Ley orgánica of 2000.
The real problem that they have not considered with these new measures to prevent abuse of the health system is that they can ONLY apply to anyone now registering. They cannot be applied to anyone who has already obtained permanent residency . This is what they are attempting by virtue of asking for renewals of the 'certificado de ciudadano de la union ' ! Which is totally illegal under EU rules. The requirement is to register once & once only . It is written in stone & applies to every EU country. It is absolutely forbidden to ask for renewals.
The mere fact that people are being told that the certificate requires renewal after 5 years is in direct contravention of EU law.
Regardless of what they come up with , if it is more onerous than EU law then EU law takes precedence , always. National law can only take precedence when it is more favourable than eu law.
