Review of access to the NHS by foreign nationals

[vinny]

Review of access to the NHS by foreign nationals

[geriatrix]

Getting tough on NHS debtors

[vinny]

‘Health tourists’ will pay the price for their NHS debts
Guidance on overseas visitors hospital charging regulations.
Healthcare

[puppyrose]

Nice sharing

[saminkhan]

Some of the links dont work anymore. Here is another one

http://www.nhs.uk/chq/Pages/1087.aspx?C ... goryID=162

[saminkhan]

I got my parents registered with my local GP and he just asked for the proof or residence i.e. rent agreement.

Today took my mum to the hospital for some tests but they asked me to complete a form and pay for the treatment. They will use the form to check the details with UKBA. My mother's dependant relative application is at appeal stage and appeal was submitted couple of weeks ago.

I have looked at the guidelines and think that my parents are entitled for free treatment. I have copied the relevant bits here for your opinion.

GUIDANCE ON IMPLEMENTING THE OVERSEAS VISITORS HOSPITAL CHARGING REGULATIONS (https://www.gov.uk/government/publicati ... tions-2011)

Regulation 7 – Twelve months’ lawful residence in the UK

3.28 A person (subject to exceptions – see below) who has been living lawfully in the UK for twelve months immediately before treatment was provided is exempt from charges. This exemption does not apply where the patient was originally granted leave to enter the UK for the purpose of undergoing private medical treatment or has been given special leave to
enter on humanitarian grounds by provision of regulation 13.

3.30 Where an overseas visitor living lawfully in the UK has been paying for treatment being received, those charges should cease once they have completed 12 months of lawful residence.

Examples of evidence:
- (a) proof lawfully in UK – e.g. UK/EEA national, or has valid leave to enter documents issued by HO, or visitor/work/student visa etc is still valid; and
- (b) period of residence – e.g. visa stamps (where applicable), utility bills paid, regular attendance at clubs and classes, housing contracts, (but note that the patient does not need to have been resident at the same address for the whole 12 months).

Regulation 8(2)(e) – Taking up permanent residence

3.43 Someone who has entered the country on a temporary basis, for example on a visitor’s visa, but subsequently makes an application for indefinite leave to remain, or leave to remain for a purpose which would make them exempt from charges under a different regulation (except an asylum application), will remain liable for charges unless and until
that application is granted. There should be no reimbursement of charges paid between the date of application and the grant of leave to remain.

3.44 However, if whilst awaiting a decision on an application the person accumulates 12 months of lawful residence, then regulation 7 will apply. Residence will count as lawful as long as the application was made before the expiry of the initial visa. If the application is turned down after someone has become exempt from charges under regulation 7, then
they would become chargeable again as they would not be in the country on a lawful basis. However, a course of treatment already underway would remain free until completion, or until they left the country (see paragraph 3.23).

3.45 Further, depending on the individual circumstances, it could also be possible for a person to acquire ordinary residence, and therefore fall outside the scope of the Charging Regulations, whilst awaiting an application for indefinite leave to remain to be granted.

[cs95tdg]

Just saw this and thought it may be useful as it is related to the original topic... Changes come into effect from April 2015.

https://www.gov.uk/government/news/migr ... ion-a-year

https://www.gov.uk/government/uploads/s ... b_v1_2.pdf

[omaral]

Good about time!

[vinny]

For reference:

Immigration health surcharge.
Caseworker Guidance.

Sections 38 and 39 of the Immigration Act 2014.

The Immigration (Health Charge) Order 2015 (Amendments).

The National Health Service (Charges to Overseas Visitors) Regulations 2015 (Guidance. Amendments).

Interpretation

“relevant services” means accommodation, services or facilitiesF9 which are provided, or whose provision is arranged, under the 2006 Act other than—

• (a) primary medical services provided under Part 4 (medical services);
• (b) primary dental services provided under Part 5 (dental services);
• (c) primary ophthalmic services provided under Part 6 (ophthalmic services); or
• (d) equivalent services which are provided, or whose provision is arranged, under the 2006 Act;

Refund *changes*

NHS entitlements: migrant health guide

All overseas visitors will be charged 150% of the cost of NHS treatment for any care they receive, unless they are exempt from charges for NHS hospital treatment.

What is the Immigration Health Surcharge?

The Immigration Health Surcharge.

ILE/ILR.

When to pay

Health and care staff can claim immigration health surcharge reimbursement

General grounds for refusal: owing a debt to the NHS

[John Green]

The Health Surcharge introduced in 2015. To bring my wife (non-EU) into the UK as my spouse, for the full 5 years residence period to ILR costs £2,000 (£1,000 each).

For this payment, she has the same rights to access the NHS as I do, a UK citizen, and this applies from the first day she gets to the UK. (There are no waiting time restrictions.) Is this correct please?

So does this include her access to the normal range of NHS treatment in hospitals (where I believe that there were in the past potential problems if an immigrant asked for treatment. For example they had to prove they had the right papers and they could be refused) as well as being able to access NHS GP surgeries and get the normal range of free medicines on prescription when she needs them?

There is a GOV.UK website that is supposed to help to calculate the precise amount of this to pay, but it doesn't make sense since it assumes both myself and my wife are in the UK on visas, at:

https://www.immigration-health-surcharg ... ecker/type

[CR001]

The Health Surcharge introduced in 2015. To bring my wife (non-EU) into the UK as my spouse, for the full 5 years residence period to ILR costs £2,000 (£1,000 each). It is £600 for the entry clearance spouse visa and £500 when she extends her visa, so not £2000 as you have stated.

For this payment, she has the same rights to access the NHS as I do, a UK citizen, and this applies from the first day she gets to the UK. (There are no waiting time restrictions.) Is this correct please? Yes

So does this include her access to the normal range of NHS treatment in hospitals (where I believe that there were in the past potential problems if an immigrant asked for treatment. For example they had to prove they had the right papers and they could be refused) as well as being able to access NHS GP surgeries and get the normal range of free medicines on prescription when she needs them? She can access the full range of NHS services while on a spouse visa. It is visitors on a visitor visa that are not permitted or entitled to the free NHS service.

There is a GOV.UK website that is supposed to help to calculate the precise amount of this to pay, but it doesn't make sense since it assumes both myself and my wife are in the UK on visas, at: She needs to apply as 'applying on my own' not with your details included.

https://www.immigration-health-surcharg ... ecker/type

[John Green]

Thanks.

To clarify, when you say the spouse visa, this is the same as the "join the family member in the UK" visa?

https://www.gov.uk/join-family-in-uk/overview

This site seems to say that the total cost for the 5 years is £1,000 for my wife and the same sum from myself?

https://www.gov.uk/healthcare-immigrati ... w-much-pay

"£200 per year for all other visa and immigration applications, eg £1,000 for a 5-year visa.
Dependants usually need to pay the same amount as you."

[Casa]

Why would you think that you have to pay the NHS surcharge as a British citizen? Your wife should complete the payment as if she is applying alone. You appear to be including yourself in the calculation.
You've ignored CR001's correct advice " It is £600 for the entry clearance spouse visa and £500 when she extends her visa, so not £2000 as you have stated."

[CR001]

Dependants usually need to pay the same amount as you.

YOU don't pay it as a British Citizen. It is ONLY payable by the person applying for a visa. Your spouses first visa will be issued for 33 months, hence £600 health surcharge is payable.

[John Green]

Much thanks.

[vinny]

General grounds for refusal: owing a debt to the NHS.

[vinny]

NHS entitlements: migrant health guide.