NHS costs for British son born to non-EU mother. Discount?

[Workingonasunday]

Hello there. Myself and my son are British but his mother is not. We have been slapped in the face with a massive NHS bill for the cost of the birth. Is this something that has to be paid or can it be reduced or cleared as my son is British?

Thank you

[CR001]

No, it cannot. You will have to pay as your spouse is not entitled to free NHS. If it is not paid, it will have an effect on any future visa applications she makes. It is not your son that utilised the NHS but your wife.

It has nothing to do with your son being British but everything to do with the fact that your wife is not entitled to free NHS. She would have been fine if you had applied for the proper visa (spouse visa) before coming to the UK and there would have been no charge then.

[Casa]

"Further, the UK Border Agency has published an equality analysis on its
amendment to the immigration rules to allow an outstanding debt to the NHS
of £1000 or more to be reason normally to refuse a new visa or extension of
stay to those subject to immigration control.

and
"Therefore a chargeable overseas visitor can now not only be faced with a
charge for receiving NHS hospital treatment, but, if they then go on to owe a
debt to the NHS of £1000 or more and do not clear that debt within three
months, they can, under the new immigration rules, be denied a new visa or
extension of stay until that debt has been paid, written off or a reasonable
payment schedule has been agreed."

https://www.gov.uk/government/uploads/s ... 4/EqIA.pdf

(UKBA now superseded by the UKVI, but the information remains valid)

Hence the reason for my question in your other thread.

[Workingonasunday]

Thanks.

So we will continue to pay. But suppose she is given right to stay and becomes entitled to NHS, will the remainder of the bill still need to be paid?

[Casa]

Thanks.

So we will continue to pay. But suppose she is given right to stay and becomes entitled to NHS, will the remainder of the bill still need to be paid?

She is unlikely to be given permission to stay if the bills remains outstanding. The £1,000 isn't exempt in the final bill.

[Casa]

(Wording guidance for Case Workers)
Page 23 of 34 Guidance – General grounds for refusal Section 5 – version 26.0 Published for Home Office staff on 19 April 2016
"outstanding charge to the National Health Service (NHS)
I am satisfied that you have failed to pay an outstanding charge or charges with a
total value of at least £1,000 in respect of National Health Service (NHS) treatment
you have received. This is in accordance with the relevant NHS regulations on
charges for overseas visitors, based on evidence received from [insert name of
relevant NHS body].
[Explain reasons here]
Optional: [In light of this, the Secretary of State has deemed that refusal is
appropriate and is not prepared to exercise discretion in your favour]."

https://www.gov.uk/government/uploads/s ... _0_ext.pdf

[noajthan]

Thanks.

So we will continue to pay. But suppose she is given right to stay and becomes entitled to NHS, will the remainder of the bill still need to be paid?

Any entitlement would be in the future, for future access. And that would only be granted once existing debt was paid off so any future visa could be granted.

Not to clear backdated debts when patient was not entitled to use the service for free.

[Casa]

Without intending to pile more misery on to the situation, you should be aware that if your wife requires further medical treatment while she is here on temporary admission this will be charged @ 150% of the cost, including visits/treatment at the GP's surgery.

[Workingonasunday]

Yes I've heard about the 1000 outstanding debt with the NHS halting applications but I'm sure these things work on a case by case basis. And surely they will have a better chance of getting their money back if the applicant is still in the country. As long as attempts to pay off the debt are taking place then they should see it not as grounds for refusal.

[Casa]

The decision on whether to grant your partner the right to remain in the UK outside of the Immigration rules is likely to take some considerable time, which means that the delay should be sufficient to give you time to clear the outstanding debt. As as matter of interest, how much is it?

[Workingonasunday]

It's £3500 there abouts. Not the biggest bill but still should take some time. How long are you implying an application would take?

[Casa]

Maybe 12 months or more with no guarantee a visa will be granted outside of the Immigration rules (10 year route to settlement). Your partner (I'm assuming you're not married) entered the UK without a valid visa and there is no automatic right to residence as the parent of a British born baby. Why didn't you apply for a settlement visa before travelling?

[Petaltop]

Yes I've heard about the 1000 outstanding debt with the NHS halting applications but I'm sure these things work on a case by case basis. And surely they will have a better chance of getting their money back if the applicant is still in the country. As long as attempts to pay off the debt are taking place then they should see it not as grounds for refusal.

Do what someone else did on this site, paid the NHS bill in full by using a credit card. UKVI wouldn''t entertain his wife's application until her NHS bill was paid in full. His wife then applied for a spouse visa from her own country.

[Workingonasunday]

I didn't apply for any settlement visa or any other kind because we didn't have the money and everything was last minute.
The idea of paying it off in full with credit sounds interesting but it's a matter of getting credit standing in the way.
What happened if an application is refused the first time for that reason specifically. Do we get another go at it?

[Casa]

What category of application are you intending to submit? Can I ask how long you have lived with your partner in a relationship 'akin to marriage'?

[Wanderer]

I didn't apply for any settlement visa or any other kind because we didn't have the money and everything was last minute.
The idea of paying it off in full with credit sounds interesting but it's a matter of getting credit standing in the way.
What happened if an application is refused the first time for that reason specifically. Do we get another go at it?

Anchor babies don't work anymore, why have kids in these circumstances?

None of my business I know but........

[Workingonasunday]

Well I need to make another thread on that matter but I believe FLRFP is the application we need to use. Less than two years. But the fact of the matter is they are not going to separate us, right? She has nowhere to go back home. We were renting and living together durin the pregnancy and I was working to support us both. She has nothing there. No family no means to support herself.

[Casa]

In which case sorry to say you have an additional problem. Two years of co-habitation is mandatory to qualify as unmarried partners. The Case Worker is likely to refuse a FLR(FP) application and take the view that you can settle as a family outside of the UK.

The case for settlement has been weakened considerably by entering without a visa. If you look at it from the Home Office's viewpoint, what would be the point of insisting that spouse visa applications meet all the strict conditions, if couples simply slipped in through the 'back door' and then demanded the right to remain. If you search the forum you will see that there are numerous cases of couples with children separated for years due to failing to meet the requirements for a settlement visa.

FLR(FP) applications are frequently refused, especially when there is a very young child who can easily adapt to life in a different country and culture and you only arrived in the UK a few months ago.
IMHO as you don't qualify as Unmarried Partners, your only hope may be a Human Rights claim which has only a slim chance of success in the circumstances. You really need urgent legal advice for this, which won't be cheap.

[Casa]

I've found this link for you with information on NHS charges & the implication for immigration applications:
https://www.gov.uk/government/uploads/s ... s_2016.pdf

[Wanderer]

Well I need to make another thread on that matter but I believe FLRFP is the application we need to use. Less than two years. But the fact of the matter is they are not going to separate us, right? She has nowhere to go back home. We were renting and living together durin the pregnancy and I was working to support us both. She has nothing there. No family no means to support herself.

Won't work, for unmarried the two years is set in stone.

You can live in her country together.

[Workingonasunday]

A human rights claim. What is that? Can you send some information please?
My partner is in contact with her embassy and they are supposed to be helping her with something. They are in contact with immigration and as well is an organisation she has been in contact with.

Perhaps if we don't make an application till we have been a couple for two years we would be okay?

[Casa]

It depends on how long before you reach the 2 year co-habitation point ...and have the documented evidence to support this throughout the full 2 year period. You should be aware that there's no guarantee that after submitting an Unmarried Partner application the HO will grant a FLR(FP) visa.

There is one issue that hasn't been addressed. You say that the HO issued your partner with temporary admission but retained her passport. This is likely to be to ensure that she leaves the UK on or before the expiration date on the temporary visa. Although it may not seem like it, the IO at the port of entry was actually being generous. We've had examples on the forum where the expectant mother was only granted leave until 6 weeks after the estimated birth date, the passport was retained and a letter sent close to the expiry date asking for evidence that a flight had been booked for the return.

Human rights:
A "human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention)

What nationality does your partner hold and were you previously living together in her home country? What compelling evidence could you submit to show that you couldn't return and enjoy family life together there? Preferring life in the UK and being employed won't be sufficient. I'm guessing that your were under the false impression that as long as your baby was born in the UK this would give your partner the right to remain?

[Petaltop]

What nationality does your partner hold and were you previously living together in her home country?

She has nowhere to go back home. We were renting and living together durin the pregnancy and I was working to support us both.

[Casa]

Thanks petaltop.

Unfortunately, that won't be considered as a 'compelling' reason to remain. The HO will take the view that you will be able to find somewhere to live together in your partner's country as a family, in the same way as you have relocated to the UK.

Reading through your other thread I can see that she has temporary admission until the 1st March.

[Wanderer]

Thanks petaltop.

Unfortunately, that won't be considered as a 'compelling' reason to remain. The HO will take the view that you will be able to find somewhere to live together in your partner's country as a family, in the same way as you have relocated to the UK.

The crucial question is, when does the temporary admission expire?

OP has said 01/03/2017 in his other thread though that does seem an unbelievably long time. Maybe the OP can re-check the stamp or mark? I've seen enough episodes of UK Border Force on Sky to know how much they normally grant (few days or a week or two)