Fiance Visa NHS Entitlement

Hi everyone!

Good to be back on this forum after long time. I have an urgent question regarding NHS entitlement. My sister in law has come from Morocco on 6 months fiance visa & she has eventually applied for spouse visa on the basis of her husband who is a British national. She has her own NHS number too. The problem is, her spouse visa has taken over 4 months so far & she is now pregnant & the hospital has sent them a hefty bill for her ongoing treatment. My question is, is she eligible for NHS treatment whilst her spouse visa application is pending? Hospital is insisting she isn't eligible unless they see her resident permit. They are even threatening to pass the bill to debt cllection agency. If it helps, she made an in time application before her fiance visa expired. Where does she stand in this please? Thank you

My question is, is she eligible for NHS treatment whilst her spouse visa application is pending?

No she is not. While an application is pending, her fiance visa conditions continue and she has not entitlement to free NHS service.

Hospital is insisting she isn't eligible unless they see her resident permit.

She has NO entitlement to free NHS service, so the hospital is not at fault here.

If it helps, she made an in time application before her fiance visa expired. Where does she stand in this please?

Makes no difference. Until her spouse visa is granted, she cannot use the NHS. She will unfortunately have to pay the bill.

bruteforce wrote: ↑

Mon Oct 24, 2022 2:55 pm

She has her own NHS number too.

Having an NHS number does not give bill free use of the NHS. Those who have to pay to use the NHS have their own unique number too, for all their health records to be held under that number.

The gov.uk site makes it very clear that the NHS will only be bill free when both the Health Surcharge has been paid AND the visa has been granted.
https://www.gov.uk/healthcare-immigration-application

bruteforce wrote: ↑

Mon Oct 24, 2022 2:55 pm

They are even threatening to pass the bill to debt cllection agency.

Are you sure the NHS didn't say that they will advise the Home Office of the debt? They have to do this when NHS bills aren't paid. NHS debt of £500 and over can prevent any further visas to remain or to enter. She should be looking at paying the debt, or at least set up a repayment plan with the Trust and then stick to that repayment plan, to enable her to be granted further visas to remain.

It seems the hospitals do use debt collectors too, as well as telling the Home Office of the unpaid debt.

From their guidance-

Sharing data on those with debts.

12.11 NHS bodies (or debt collection agencies working on their behalf) can share non-clinical data with the Home Office, via the Department of Health and Social Care, on chargeable patients, providing they meet set criteria, with a view to better collect debts owed. The Home Office can then use that data to deny any future immigration application to enter or remain in the UK that the person with the debt might make. Patients do not have to provide their consent to this data being shared but NHS bodies should ensure that patients are aware of the potential immigration consequences of not paying a debt for which they are liable.

I forgot to put the link.
https://assets.publishing.service.gov.u ... y-2022.pdf

Thank You guys.

does anyone know best home office number or email to contact about spouse visa application. Paid premium fees & its been over 3 months already. Thanks

bruteforce wrote: ↑

Mon Oct 24, 2022 6:38 pm

does anyone know best home office number or email to contact about spouse visa application. Paid premium fees & its been over 3 months already. Thanks

Delays are rampant on every route and estimated service times everywhere.