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UK Overseas Citizen Passport Holder & Health Provision i

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gollywood
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UK Overseas Citizen Passport Holder & Health Provision i

Post by gollywood » Fri Aug 15, 2008 1:17 pm

Hi

Just a question on behalf of my mother in law who is in Pakistan - holder of a British Overseas Passport.

She is registered with a local GP in the UK - is coming to the UK next month.

She also requires heart surgery (possibly 'heart by-pass'.

I have been told this shouldnt be a problem in the UK under the NHS - but just wanted this conformed, or pointed in the right direction.

Many thanks as ever

Wanderer
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Ireland

Post by Wanderer » Fri Aug 15, 2008 1:30 pm

Don't only folks with RoA get NHS treatment? Is ur MIL a BOC?
An chéad stad eile Stáisiún Uí Chonghaile....

gollywood
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Post by gollywood » Fri Aug 15, 2008 3:02 pm

Wanderer wrote:Don't only folks with RoA get NHS treatment? Is ur MIL a BOC?
Wanderer - what is 'RoA'?

Her status is that she has a British Overseas Citizen Passport - on her passport her nationality is shown as 'British Overseas Citizen'

She visits UK back & for - hasnt for a couple of years.

John
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United Kingdom

Post by John » Fri Aug 15, 2008 3:13 pm

Gollywood, clearly your mother is not "ordinarily resident" in the UK, so except as an emergency, she would not qualify for open heart surgery. Certainly it would not be done on an elective basis.

Have a read of this document.

Even British Citizens can fall foul of the "ordinarily resident" rule. For example, a British Citizen moves to Australia, and lives there quite a few years. They cannot just move back to the UK and get elective surgery done on the NHS ... even though they are British.
John

gollywood
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Post by gollywood » Sat Aug 16, 2008 12:53 am

Thanks John....I've just copied a paragraph of text from the report that you linked to your reply:-


"I also called the Department of Health’s advice line (020 7210 4850). The advice I received seems consistent with HSC 1999/018 (and confirmed in more recent publications).1 2 The rule of thumb they gave was that somebody is ‘ordinarily resident’ if both of the following apply:

• They will be in the UK for at least 6 months.
• Their passport is open-ended – allowing them to stay for at least 1 year, without any restrictions."

So, based on the above...Can an individual with a British Overseas Citizen Passport vist the UK for more than 6 months?

paulp
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Post by paulp » Sat Aug 16, 2008 1:22 am

Gollywood, when you aunt comes to the UK, what stamp does she get at immigration?

vinny
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Post by vinny » Sat Aug 16, 2008 1:43 am

Part 1 - General provisions regarding leave to enter or remain in the United Kingdom wrote:23B. A person who is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person, or a person who under the British Nationality Act 1981 is a British subject, and who is seeking leave to enter on arrival in the United Kingdom for a purpose for which prior entry clearance is not required under these Rules may be granted such leave, irrespective of the period of time for which he seeks entry, for a period not exceeding 6 months.
See also Overseas visitors.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

gollywood
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Post by gollywood » Sat Aug 16, 2008 5:12 am

paulp wrote:Gollywood, when you aunt comes to the UK, what stamp does she get at immigration?
Its my Mum-in-law actually :D

Not sure what stamp - never looked to be honest. Will contact and find out.

What should I be looking out for?

paulp
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Post by paulp » Sat Aug 16, 2008 9:23 am

gollywood wrote:
paulp wrote:Gollywood, when you aunt comes to the UK, what stamp does she get at immigration?
Its my Mum-in-law actually :D

Not sure what stamp - never looked to be honest. Will contact and find out.

What should I be looking out for?
If the leave to remain that she gets is less than 6 months, she won't be eligible for the NHS.

JAJ
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Post by JAJ » Sun Aug 17, 2008 4:09 pm

paulp wrote:If the leave to remain that she gets is less than 6 months, she won't be eligible for the NHS.
From a previous thread, she may be admissible as a returning resident:
http://www.immigrationboards.com/viewtopic.php?t=26000

But she still has to be living in the U.K. to use the NHS. Just visiting won't do.

paulp
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Post by paulp » Sun Aug 17, 2008 6:36 pm

JAJ wrote:From a previous thread, she may be admissible as a returning resident:
http://www.immigrationboards.com/viewtopic.php?t=26000

But she still has to be living in the U.K. to use the NHS. Just visiting won't do.
If she's a returning resident, will she get a visa/leave to remain for less than 6 months?

gollywood
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Post by gollywood » Tue Aug 19, 2008 6:58 pm

JAJ wrote:
paulp wrote:If the leave to remain that she gets is less than 6 months, she won't be eligible for the NHS.
From a previous thread, she may be admissible as a returning resident:
http://www.immigrationboards.com/viewtopic.php?t=26000

But she still has to be living in the U.K. to use the NHS. Just visiting won't do.
JAJ

The above thread was for a different person - with different status.

penanglad
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Post by penanglad » Tue Aug 19, 2008 8:09 pm

The important question is, does her passport say "Holder is entitled to readmission to the United Kingdom", or does it say "Holder is subject to control under the Immigration Act 1971? This will be on the Observations page on the other side of the photo page.

If the former, then she can come back to the UK as a returning resident, if the latter, she can probably only come back as a visitor.

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