Immigration Status And Medical Treatment

• Published date: 04 April 2022
• Subject Matter: Immigration, General Immigration, Work Visas
• Law Firm: Thaxted Legal
• Author: Mrs Kasia Janucik

FREE NHS TREATMENT

No access to free NHS services for illegal migrants and visitors, is a goal pursued relentlessly by the government. It is part of the 'hostile environment' but is also related to the limited resources and capacity of the NHS services. In short, there are 3 categories under NHS rules relating to payment for treatment: 1. Those who are subject to immigration control and paid the NHS Health Surcharge as part of their visa application process, are entitled to receive free medical treatment during their visa validity in the same scope as 'ordinary residents'. 2. Those who are 'ordinary resident' in the UK can receive free NHS treatment. 3. Others - including illegal migrants and visitors, who have to pay for most of medical treatment in the UK.

A&E (OUTPATIENT) AND GP

Treatment in A&E departments (outpatient) and at GP surgeries remains free for all. Nationality, immigration status and ordinary residence are not relevant for registration and it should not be refused on those grounds.

NHS SURCHARGE

Those who are subject to immigration control (except Irish nationals) must pay the immigration health surcharge when applying for a visa to enter and remain in the UK for more than 6 months. They cannot be considered as ordinarily resident in the UK until they are granted indefinite leave to remain. Payment of the immigration health surcharge entitles the payer to NHS-funded healthcare on the same basis as someone who is ordinarily resident. For as long as the visa remains valid they are entitled to free NHS services, including NHS hospital care, except for services for which a UK ordinary resident must also pay, such as dentistry and prescriptions in England, and assisted conception services.

ORDINARY RESIDENCE

Within England, free NHS hospital treatment is provided on the basis of someone being 'ordinarily resident'. Being ordinarily resident is not dependent upon nationality, payment of UK taxes, National Insurance contributions, being registered with a GP, having an NHS number or owning property in the UK.

R v Barnet LBC ex parte Shah UKHL 1982: "ordinarily resident" refers to a man's abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or long duration.'

As we can sense from the above, considering who is 'ordinary resident' in the UK can be a complex matter to decide.

CHARGEABLE MEDICAL TREATMENT

Because the NHS is a...