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Review of access to the NHS by foreign nationals

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vinny
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Review of access to the NHS by foreign nationals

Post by vinny » Sun May 30, 2010 9:18 am

Last edited by vinny on Wed May 15, 2013 10:45 am, edited 1 time in total.
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Post by geriatrix » Fri Mar 18, 2011 2:53 pm

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Post by vinny » Sat Apr 21, 2012 1:41 am

Last edited by vinny on Wed May 15, 2013 11:00 am, edited 1 time in total.
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puppyrose
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Post by puppyrose » Tue Jan 08, 2013 5:21 am

Nice sharing

saminkhan
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Post by saminkhan » Wed May 15, 2013 10:08 am

Some of the links dont work anymore. Here is another one

http://www.nhs.uk/chq/Pages/1087.aspx?C ... goryID=162

saminkhan
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Post by saminkhan » Mon Jun 03, 2013 12:12 pm

I got my parents registered with my local GP and he just asked for the proof or residence i.e. rent agreement.

Today took my mum to the hospital for some tests but they asked me to complete a form and pay for the treatment. They will use the form to check the details with UKBA. My mother's dependant relative application is at appeal stage and appeal was submitted couple of weeks ago.

I have looked at the guidelines and think that my parents are entitled for free treatment. I have copied the relevant bits here for your opinion.

GUIDANCE ON IMPLEMENTING THE OVERSEAS VISITORS HOSPITAL CHARGING REGULATIONS (https://www.gov.uk/government/publicati ... tions-2011)

Regulation 7 – Twelve months’ lawful residence in the UK

3.28 A person (subject to exceptions – see below) who has been living lawfully in the UK for twelve months immediately before treatment was provided is exempt from charges. This exemption does not apply where the patient was originally granted leave to enter the UK for the purpose of undergoing private medical treatment or has been given special leave to
enter on humanitarian grounds by provision of regulation 13.


3.30 Where an overseas visitor living lawfully in the UK has been paying for treatment being received, those charges should cease once they have completed 12 months of lawful residence.

Examples of evidence:
- (a) proof lawfully in UK – e.g. UK/EEA national, or has valid leave to enter documents issued by HO, or visitor/work/student visa etc is still valid; and
- (b) period of residence – e.g. visa stamps (where applicable), utility bills paid, regular attendance at clubs and classes, housing contracts, (but note that the patient does not need to have been resident at the same address for the whole 12 months).

Regulation 8(2)(e) – Taking up permanent residence

3.43 Someone who has entered the country on a temporary basis, for example on a visitor’s visa, but subsequently makes an application for indefinite leave to remain, or leave to remain for a purpose which would make them exempt from charges under a different regulation (except an asylum application), will remain liable for charges unless and until
that application is granted. There should be no reimbursement of charges paid between the date of application and the grant of leave to remain.


3.44 However, if whilst awaiting a decision on an application the person accumulates 12 months of lawful residence, then regulation 7 will apply. Residence will count as lawful as long as the application was made before the expiry of the initial visa. If the application is turned down after someone has become exempt from charges under regulation 7, then
they would become chargeable again as they would not be in the country on a lawful basis. However, a course of treatment already underway would remain free until completion, or until they left the country (see paragraph 3.23).


3.45 Further, depending on the individual circumstances, it could also be possible for a person to acquire ordinary residence, and therefore fall outside the scope of the Charging Regulations, whilst awaiting an application for indefinite leave to remain to be granted.

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Re: Review of access to the NHS by foreign nationals

Post by cs95tdg » Fri Mar 20, 2015 2:37 pm

Just saw this and thought it may be useful as it is related to the original topic... Changes come into effect from April 2015.

https://www.gov.uk/government/news/migr ... ion-a-year

https://www.gov.uk/government/uploads/s ... b_v1_2.pdf

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Re: Review of access to the NHS by foreign nationals

Post by omaral » Mon Mar 30, 2015 4:40 pm

Good about time!

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Re: Review of access to the NHS by foreign nationals

Post by vinny » Sat Sep 05, 2015 11:29 pm

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John Green
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NHS Health Surcharge

Post by John Green » Mon Jan 11, 2016 8:04 pm

The Health Surcharge introduced in 2015. To bring my wife (non-EU) into the UK as my spouse, for the full 5 years residence period to ILR costs £2,000 (£1,000 each).

For this payment, she has the same rights to access the NHS as I do, a UK citizen, and this applies from the first day she gets to the UK. (There are no waiting time restrictions.) Is this correct please?

So does this include her access to the normal range of NHS treatment in hospitals (where I believe that there were in the past potential problems if an immigrant asked for treatment. For example they had to prove they had the right papers and they could be refused) as well as being able to access NHS GP surgeries and get the normal range of free medicines on prescription when she needs them?

There is a GOV.UK website that is supposed to help to calculate the precise amount of this to pay, but it doesn't make sense since it assumes both myself and my wife are in the UK on visas, at:

https://www.immigration-health-surcharg ... ecker/type

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Re: NHS Health Surcharge

Post by CR001 » Mon Jan 11, 2016 8:40 pm

John Green wrote:The Health Surcharge introduced in 2015. To bring my wife (non-EU) into the UK as my spouse, for the full 5 years residence period to ILR costs £2,000 (£1,000 each). It is £600 for the entry clearance spouse visa and £500 when she extends her visa, so not £2000 as you have stated.

For this payment, she has the same rights to access the NHS as I do, a UK citizen, and this applies from the first day she gets to the UK. (There are no waiting time restrictions.) Is this correct please? Yes

So does this include her access to the normal range of NHS treatment in hospitals (where I believe that there were in the past potential problems if an immigrant asked for treatment. For example they had to prove they had the right papers and they could be refused) as well as being able to access NHS GP surgeries and get the normal range of free medicines on prescription when she needs them? She can access the full range of NHS services while on a spouse visa. It is visitors on a visitor visa that are not permitted or entitled to the free NHS service.

There is a GOV.UK website that is supposed to help to calculate the precise amount of this to pay, but it doesn't make sense since it assumes both myself and my wife are in the UK on visas, at: She needs to apply as 'applying on my own' not with your details included.

https://www.immigration-health-surcharg ... ecker/type
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Re: Review of access to the NHS by foreign nationals

Post by John Green » Mon Jan 11, 2016 9:12 pm

Thanks.

To clarify, when you say the spouse visa, this is the same as the "join the family member in the UK" visa?

https://www.gov.uk/join-family-in-uk/overview

This site seems to say that the total cost for the 5 years is £1,000 for my wife and the same sum from myself?

https://www.gov.uk/healthcare-immigrati ... w-much-pay

"£200 per year for all other visa and immigration applications, eg £1,000 for a 5-year visa.
Dependants usually need to pay the same amount as you."

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Re: Review of access to the NHS by foreign nationals

Post by Casa » Mon Jan 11, 2016 9:16 pm

Why would you think that you have to pay the NHS surcharge as a British citizen? Your wife should complete the payment as if she is applying alone. You appear to be including yourself in the calculation. :?
You've ignored CR001's correct advice " It is £600 for the entry clearance spouse visa and £500 when she extends her visa, so not £2000 as you have stated."
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Re: Review of access to the NHS by foreign nationals

Post by CR001 » Mon Jan 11, 2016 9:58 pm

Dependants usually need to pay the same amount as you.
YOU don't pay it as a British Citizen. It is ONLY payable by the person applying for a visa. Your spouses first visa will be issued for 33 months, hence £600 health surcharge is payable.
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Re: Review of access to the NHS by foreign nationals

Post by John Green » Mon Jan 11, 2016 10:07 pm

Much thanks.

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Re: Review of access to the NHS by foreign nationals

Post by vinny » Tue Feb 28, 2017 1:34 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

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Re: Review of access to the NHS by foreign nationals

Post by vinny » Sun Jan 14, 2018 7:12 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

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