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Refusing entry or stay NHS?????

Questions and discussions about claiming benefits while living and working in the UK

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ramay
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Posts: 152
Joined: Wed Nov 09, 2011 6:49 pm

Refusing entry or stay NHS?????

Post by ramay » Sun Nov 13, 2011 11:31 pm

Hi Everyone,
Could someone explain please what does it mean?

Does it affect tier 1, tier 2 category e.t.c?and such people not eligible for ILR or extension visa or it just for those who are on tourist visas?

quote

Refusing entry or stay NHS
7.17 The Immigration Rules change will provide that where a person subject to
immigration control has failed to pay charges of £1,000 or more due to one or more
relevant NHS body in respect of NHS treatment charges invoiced on or after 1
November 2011, the person should normally be refused permission to enter or remain
in the country or have their leave cancelled. The UK Border Agency will be provided
with sufficient data to identify the debtor, namely full name, address, nationality and
date of birth, Medical data will not be provided. This Immigration Rules change is to:
• Deter overseas visitors from misusing the NHS by making it clear that the UK health
services are not an international free for all;
• Encourage overseas visitors to meet their obligations to pay for the NHS services they
use;
• Enable the UK Border Agency to identify more effectively and take action against
migrants with significant unpaid NHS charges; and
• Reassure the public that we are determined to operate fair and robust controls on
migrants’ access to public benefits and services.
This rule change will be phased in to be fully effective across the United Kingdom
during 2012.

http://www.ukba.homeoffice.gov.uk/sitec ... urists-nhs

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Nov 14, 2011 7:03 am

Those on Tier 1 or Tier 2 visas are fully entitled to use the NHS, and that includes the use of hospital facilities.

So the new provisions only affect those who were in the UK as visitors, who should have paid NHS charges, but have not paid. Now they will find it impossible to get another UK visa, unless they pay their debt to the NHS.

Does this affect those applying for Tier 1 or Tier 2 visas? Well yes, but only if they have previously been in the UK as a visitor, and failed to pay their NHS debts.

UK taxpayers should welcome this tightening up of the rules. It represents joined-up thinking between different parts of the UK Government. After all why should those with NHS debts be allowed back into the UK, possibly to incur new NHS debts?

Simply ... pay up ... or don't come back!
John

ramay
Member
Posts: 152
Joined: Wed Nov 09, 2011 6:49 pm

Post by ramay » Mon Nov 14, 2011 9:02 am

Well,what about NHS dental care?
I could ask for help using form HC1 but I'm worry would it affect my visa extension or ILR?

John
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Location: Birmingham, England
United Kingdom

Post by John » Mon Nov 14, 2011 9:37 am

ramay, I think you need to read the new rule as you quoted in your opening post above. It is about people that owe money, at least £1000, to the NHS, and have not paid.

Previously there was no immigration implication for such non-payment ..... now there is, and I say, thankfully! This control should have been in place years ago, to stop people abusing the system. After all the NHS will not insist upon getting their hands on a debit or credit card before providing necessary treatment, but it will expect visitors to the UK to pay up. Which effectively means that such visitors must have Travel Insurance before travelling to the UK.
Well,what about NHS dental care?
I could ask for help using form HC1 but I'm worry would it affect my visa extension or ILR?
This is really a totally separate matter, given it is really impossible to run up an NHS Dentistry bill of at least £1000.

If you are concerned that the claim you are making is within the definition of Public Funds, the good news for you is that, no it is not. Nothing health-related is within the definition of Public Funds, as in para 6 of the Immigration Rules.

But this is nothing to do with the new rule that you have quoted.
John

ramay
Member
Posts: 152
Joined: Wed Nov 09, 2011 6:49 pm

Post by ramay » Mon Nov 14, 2011 10:38 am

Thank you John for quick reply

still not clear
1.who is that person ' subject to
immigration control'? what is definition? could you give me some link please...
On ukba web page they are using that word for all immigrants..
2.Nowhere in that new rule is mentioned that dental treatment are excluded.
This is really a totally separate matter, given it is really impossible to run up an NHS Dentistry bill of at least £1000.
Dental treatment are very expensive for example root canal treatment about
£300 for one tooth!! what to say about crowns, bridges,implants!!

ramay
Member
Posts: 152
Joined: Wed Nov 09, 2011 6:49 pm

Post by ramay » Mon Nov 14, 2011 10:47 am

from the rule above
• Reassure the public that we are determined to operate fair and robust controls on
migrants’ access to public benefits and services.
see the definition of migrant
http://migrationobservatory.ox.ac.uk/br ... nsequences

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
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Post by John » Mon Nov 14, 2011 11:37 am

Dental treatment are very expensive for example root canal treatment about
£300 for one tooth!! what to say about crowns, bridges,implants!!
Under the NHS? Suggest you read this NHS webpage. There you will see "Band 3 course of treatment – £204.00", so well under £1000, so as I said before, totally impossible that NHS dentistry is an issue under the new immigration rule, given the £1000 minimum figure.
who is that person ' subject to immigration control'?
In a nutshell, someone in the UK on a time-limited visa, or someone in the UK without a valid visa who should have a visa.

Not sure why you are trying to make this simple change to the rules sound very complicated. It is not. The change is very straightforward.
John

ramay
Member
Posts: 152
Joined: Wed Nov 09, 2011 6:49 pm

Post by ramay » Mon Nov 14, 2011 1:42 pm

Under the NHS? Suggest you read this NHS webpage. There you will see "Band 3 course of treatment – £204.00", so well under £1000, so as I said before, totally impossible that NHS dentistry is an issue under the new immigration rule, given the £1000 minimum figure.
yes you are right it is not to expensive...under NHS. I didn't know that.
Not sure why you are trying to make this simple change to the rules sound very complicated. It is not. The change is very straightforward.

is not a simple it is looks like that but is not ...see below
http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10120.htm

according that definition person subject to
immigration control is much more than you expected..

Greenie
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United Kingdom

Post by Greenie » Mon Nov 14, 2011 4:37 pm

ramay wrote:
Under the NHS? Suggest you read this NHS webpage. There you will see "Band 3 course of treatment – £204.00", so well under £1000, so as I said before, totally impossible that NHS dentistry is an issue under the new immigration rule, given the £1000 minimum figure.
yes you are right it is not to expensive...under NHS. I didn't know that.
Not sure why you are trying to make this simple change to the rules sound very complicated. It is not. The change is very straightforward.

is not a simple it is looks like that but is not ...see below
http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10120.htm

according that definition person subject to
immigration control is much more than you expected..
Ramay - this HMRC document is not relevent. The changes made to the rules apply only to overseas visitors and NHS debts of over £1000. They don't refer to any other NHS debts accrued by a migrant who is not an overseas visitor under the NHS fee regs (which would include NHS dental treatment)

You have posted a link and then proceeded to take things completely out of context. The rules is about people who come to the UK as visitors or who overstay and are treated as overseas visitors for NHS purposes, who accrue NHS bills and don't pay them. A person on a tier 1/2 visa is not an overseas visitor, so this rules is not relevent to you or your route canals.

ramay
Member
Posts: 152
Joined: Wed Nov 09, 2011 6:49 pm

Post by ramay » Wed Nov 16, 2011 7:45 pm

Thank you very much John and Greenie for your inputs...
still not very clear for me nobody gave any link like definition of subject to immigration control,rules etc.

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