Nhs surcharge

[Rukayat74]

Good morning honourableforum members and moderators. I prayed for success and longlife for eachof you as you read and reply to my question. Ameen. I am a health care professional worker in uk and i understand that i do not have to pay the nhs surcharge for my family member applications to come to uk, commencing from 31st march 2020. My question is: Do i have to pay the nhs surcharge for my family and claim reimbursement after they arrive to uk or i do not need to pay for it at all, and explain on the application form that am eligible for exemption? God bless you all as you reply tomy question. Ameen

[CR001]

What is your immigration status?

[Rukayat74]

What is your immigration status?

.
Thanks for the swift reply. My immigration status is indefinite leave to remain and i have been working with the nhs since 2017. Thank you

[CR001]

Family likely not exempt from the ihs fee then.

[Rukayat74]

Family likely not exempt from the ihs fee then.

Sorry i disagree with you. Family member of any health care workers are exempted

[secret.simon]

Do i have to pay the nhs surcharge for my family and claim reimbursement after they arrive to uk or i do not need to pay for it at all, and explain on the application form that am eligible for exemption?

My immigration status is indefinite leave to remain and i have been working with the nhs since 2017.

It is a bit unclear.

You will certainly need to pay the IHS. It is possible that you may then be able to apply for a refund in blocks of six months at a time.

However, the more detailed article seem to suggest that dependents can only claim for refunds if the applicant paid for the IHS for their own application at the same time as the dependents had for their applications as well.

The article's eligibility criteria starts with "Anyone holding a relevant visa, who has worked in health and social care continuously for at least 6 months commencing on or after 31 March 2020 and has paid the IHS may be eligible for a reimbursement.

Their dependants may also be eligible for a reimbursement if they have paid the IHS or the IHS has been paid for them."

Family member of any health care workers are exempted

That is not quite true.

Indeed, the guidance explicitly states that "Dependants of UK nationals, where the UK national works in the health or care sector, will not be eligible for a reimbursement, unless the dependant is eligible in their own right.".

One can argue that ILR holders are similar to British citizens in not having paid IHS at the time of their ILR/naturalisation applications and hence dependents of ILR holders may not be eligible for an IHS refund.

[JB007]

Do i have to pay the nhs surcharge for my family and claim reimbursement after they arrive to uk or i do not need to pay for it at all, and explain on the application form that am eligible for exemption?

My immigration status is indefinite leave to remain and i have been working with the nhs since 2017.

You will need to pay the IHS and then apply for a refund in blocks of six months at a time.

And from that link from secret.simon

"Dependants

If you’re eligible, your dependants can also get a refund. You must include them in your application."

The OP has ILR and therefore does not pay the IHS. As he isn't eligible for a refund (as he doesn't pay the IHS) then how can his dependants be eligible for refund?

And how can he include them in his application for a refund when he hasn't paid the IHS?

[secret.simon]

And from that link from secret.simon

"Dependants

If you’re eligible, your dependants can also get a refund. You must include them in your application."

The OP has ILR and therefore does not pay the IHS. As he isn't eligible for a refund (as he doesn't pay the IHS) then how can his dependants be eligible for refund?

And how can he include them in his application for a refund when he hasn't paid the IHS?

I agree and have come to the same conclusion. I have updated my earlier post with more details.

[JB007]

I agree and have come to the same conclusion. I have updated my earlier post with more details.

Who does not need to pay or get an IHS reference number

You’ll be able to use the NHS without paying the surcharge or getting a reference number if:

you’re applying for indefinite leave to enter or remain
you’re a health and care worker who is eligible for a Health and Care Worker visa (or you’re their dependant)
...
https://www.gov.uk/healthcare-immigrati ... -needs-pay

This also appears to confirm what CR001 has said. The OPs family are not dependants of somebody on a Health and Care Worker visa or who is eligible for that visa, they are coming to the UK on visas as family of somebody who is settled in the UK (in this case, has ILR).

[Rukayat74]

And from that link from secret.simon

"Dependants

If you’re eligible, your dependants can also get a refund. You must include them in your application."

The OP has ILR and therefore does not pay the IHS. As he isn't eligible for a refund (as he doesn't pay the IHS) then how can his dependants be eligible for refund?

And how can he include them in his application for a refund when he hasn't paid the IHS?

I agree and have come to the same conclusion. I have updated my earlier post with more details.

Thanks a lot for the clarifications. I will just pay and apply for reimbursement aftermath.

[secret.simon]

Keep us posted about whether you do get a refund or not.