Overstayer versus EU national

Kaybell · Post by **Kaybell** » Thu Jun 10, 2021 8:22 pm

Advice please
Story is this: Friend is Eu national
Mother is overstayer 3months with bad health condition after bad hospital experience and can’t go back yet as treatment ongoing and can’t afford bills anymore
What can He do; scared they will reject since overstayer already?

secret.simon · Post by **secret.simon** » Fri Jun 11, 2021 7:14 am

Where is the EU national resident? Where is the mother resident?

JB007 · Post by **JB007** » Fri Jun 11, 2021 5:48 pm

https://www.gov.uk/government/publicati ... egulations

JB007 · Post by **JB007** » Sat Jun 12, 2021 8:02 am

Kaybell wrote: ↑
Thu Jun 10, 2021 8:22 pm
scared they will reject since overstayer already?

They might if she can't pay in advance
https://www.manchestereveningnews.co.uk ... t-15838710

That's why you need to look at the gov.uk link I gave above, to see if she is allowed to use the NHS for free/or claim the NHS costs from her EEA country and get them to pay the NHS/or use her travel health insurance, if they will cover her.

Kaybell · Post by **Kaybell** » Sat Jun 12, 2021 8:39 am

secret.simon wrote: ↑
Fri Jun 11, 2021 7:14 am
Where is the EU national resident? Where is the mother resident?

Both in the uk. Mother came on visiting visa then took ill

JB007 · Post by **JB007** » Sat Jun 12, 2021 9:32 am

Kaybell wrote: ↑
Thu Jun 10, 2021 8:22 pm
can’t go back yet as treatment ongoing and can’t afford bills anymore

Kaybell wrote: ↑
Sat Jun 12, 2021 8:39 am
Mother came on visiting visa then took ill

Visitor visa - a non-EEA citizen?

Why isn't she claiming on her travel health insurance?

If it's non-urgent treatment and the NHS Trust think their travel health insurance won't be enough to cover all their bills, they will have to pay the NHS in advance and sort out a partial refund with their insurers afterwards: or they can travel home for non-urgent treatment. Urgent treatment is still billed but the NHS can't wait for payment in advance.

If she has coronanvirus, there is limited treatment the UK will give for free.
There can also be no charge for the treatment of COVID-19, if the diagnostic test is positive or if COVID-19 is otherwise diagnosed by a clinician. This includes treatment of children who develop multisystem inflammatory syndrome that is being treated as suspected COVID-19.

No charge can apply to any treatment provided for suspected COVID-19 up to the point that it is negatively diagnosed.
...
patients that are known to be undergoing testing and treatment for COVID-19 only are not subject to Home Office status checks
https://www.gov.uk/government/collectio ... -programme

Kaybell · Post by **Kaybell** » Sat Jun 12, 2021 11:54 am

JB007 wrote: ↑
Sat Jun 12, 2021 9:32 am

Kaybell wrote: ↑
Thu Jun 10, 2021 8:22 pm
can’t go back yet as treatment ongoing and can’t afford bills anymore

Kaybell wrote: ↑
Sat Jun 12, 2021 8:39 am
Mother came on visiting visa then took ill
Visitor visa - a non-EEA citizen?

Why isn't she claiming on her travel health insurance?

If it's non-urgent treatment and the NHS Trust think their travel health insurance won't be enough to cover all their bills, they will have to pay the NHS in advance and sort out a partial refund with their insurers afterwards: or they can travel home for non-urgent treatment. Urgent treatment is still billed but the NHS can't wait for payment in advance.

If she has coronanvirus, there is limited treatment the UK will give for free.
There can also be no charge for the treatment of COVID-19, if the diagnostic test is positive or if COVID-19 is otherwise diagnosed by a clinician. This includes treatment of children who develop multisystem inflammatory syndrome that is being treated as suspected COVID-19.

No charge can apply to any treatment provided for suspected COVID-19 up to the point that it is negatively diagnosed.
...
patients that are known to be undergoing testing and treatment for COVID-19 only are not subject to Home Office status checks
https://www.gov.uk/government/collectio ... -programme

Yes visitor visa and mother is non eea
With all these bills, will they still grant the eu settlement scheme permit

JB007 · Post by **JB007** » Fri Jun 18, 2021 11:52 am

Kaybell wrote: ↑
Sat Jun 12, 2021 11:54 am
Yes visitor visa and mother is non eea
With all these bills, will they still grant the eu settlement scheme permit

Not sure, others might know for the EUSS.
https://www.freemovement.org.uk/general ... -debt-nhs/

However NHS debt that your mother and you owe for her treatment, will have to be paid. There is post on here somewhere where they were taken to court by the NHS for payment of the medical bills of their father.

Kaybell · Post by **Kaybell** » Mon Jun 21, 2021 11:50 am

Thanks a lot for this, Insightful

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Overstayer versus EU national

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