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Will I be Entitled to NHS Treatment?

By: Louise Smith, barrister - Updated: 17 Nov 2017 | comments*Discuss
 
Will I Be Entitled To Nhs Treatment?

Q.

I would like to know more about giving birth in UK. I am not a British Citizen and do not live in the UK however I am married to a British citizen.

I am planning to come to UK prior to my delivery but I would like to know if I will be entitled to receive NHS treatment or will I have to pay for private care?

(Mrs Shahira Hashem, 6 November 2008)

A.

Eligibility for Free NHS Treatment

Entitlement to free NHS treatment in the UK is based on the country of residence and not citizenship. The general rule is that all UK residents are entitled to free treatment. It is up to the hospital administering the treatment to ensure that the patient is eligible for free healthcare.

The test to be applied for eligibility is whether the individual seeking treatment is ordinarily resident in the UK – in other words that they are in the UK legally and are settled there. If the test is satisfied there is no minimum qualifying period of residence before an individual becomes eligible for free treatment.

Categories of Treatment Which are Free to Everyone

Some types of treatment are available to everyone for free, even if they would not ordinarily be eligible for free NHS healthcare. These include:
  • Treatment given in a hospital accident and emergency department or similar treatment administered by an NHS walk-in centre;
  • Family planning services;
  • Compulsory treatment for a psychiatric disorder.
  • Treatment for some contagious diseases – but different rules apply to AIDS/HIV;
Although family planning services are included in this list maternity services are not.

Eligibility for NHS Treatment for Overseas Residents

Some overseas residents may still be entitled to free NHS treatment.

Citizens of the EU, the European Economic Area or Switzerland - or of countries who have a reciprocal agreement with the UK regarding healthcare - may be entitled to free NHS treatment even if they are not resident in the UK. However, eligibility under this category will not generally apply if the overseas resident came to the UK knowing that they needed medical care. The exception is if they were specifically referred to the UK for treatment under a reciprocal agreement.

You say that you do not live in the UK but are coming to the country prior to the birth. If it is your intention to remain in the UK as a resident after the birth and have permission to do so, either in your own right or as a result of your husband’s citizenship, you are likely to be entitled to free NHS treatment.

If your intention is to come to the UK solely to give birth and then return to your country of residence you are unlikely to be entitled to free NHS treatment. You may still be treated in an NHS hospital - but as a private patient. If you presented at an NHS hospital in labour, you would almost certainly receive treatment without having to pay for it in advance. However, if you were deemed ineligible for free treatment the hospital would be obliged to pursue you for payment afterwards.

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Bit of a different question/situation for you – tried looking for answers but not really had any success, hopefully one of you immigration boffins can give some advice. My wife and I are Irish, moved from Ireland to the UK nearly 20 years ago.Even went as far as to get permanent residence cards, with Brexit looming etc.Both working, paying taxes, children have dual Irish-British passports etc. The situation is that my father, who is also Irish, wants to come stay with us.He currently lives in the USA.He is in his ‘70s, retired and receiving a good pension.He has no other family members over there – and doesn’t want to live out the rest of his days on his own. I understand that there is a convention between the UK and Ireland that grants us “settled” status upon arrival in the UK, due to the Common Travel Area and the 1971 immigration laws in which that was retained. As my father is getting on in years, is he able to avail himself of NHS services other than emergency services… i.e. can he register with our GP, seek treatment in the event of various ailments etc?
Zoltan the Conqueror - 17-Nov-17 @ 11:15 AM
@TJ: Thank you very much for clearing my doubts. Just to confirm please let me know if I am on Tier2 ICT(Intra Company Transfer) VISA for three years, will this not be enough to get boosters and required vaccination. Is there anyother way beside the travel VISA to get required boosters and vaccination for my newly born child beside Insurance. Thank you very much again for your kind response.
Lokesh - 9-Nov-17 @ 11:54 AM
@Timo please note that if you are or have become a British citizen then EU law will not apply to you in the UK and there will be many more requirements for you to bring your mother to the UK.
TJ. - 9-Nov-17 @ 9:32 AM
@Timo if you are living in the UK as an EEA qualified person then your mother more or less has an automatic right to move to the UK to live with you as long as you can prove that you are a qualified person with a residence card e.g you are employed/studying/self employed. She can access NHS treatment once her residency in the UK is effective.
TJ. - 9-Nov-17 @ 9:29 AM
@Lokesh your family coming to the UK on visitor visas will most likely need to have travel medical insurance as they will not be entitled to free NHS treatment.
TJ. - 9-Nov-17 @ 9:20 AM
Hi My mother has Swedish nationality . I w at her to Love here in the uk to leave with us . She had an operation on her back is it possible for her to live here in the uk and get treatments ?
Timo - 8-Nov-17 @ 7:29 PM
Hi, I am an Indian passport holder working in UK on ICT(Inter Company Transfer) Tier 2 VISA for my organisation. I want to make my wife and new born baby(5 days old only) travel to UK on Standard Visitor VISA valid for 6 Months. I want to know that will my wife & new born baby be able to get enrolled and free treatment/suggestion/vaccination and required baby booster based on there Standard Visitor VISA or my ICT Tier 2 VISA please. Will their Standard Visitor VISA make on effect on the medical treatments or baby booster inspite of me(his father) having an ICT Tier2 VISA.
Lokesh - 3-Nov-17 @ 2:40 PM
Hi. I am an Indian passport holder and have an ILR in the UK but I was in India for pursuing higher studies and some professional computer courses. My partner is working in india. Currently I am pregnant and into my 6th month, I will be returning to the UK and I am planning to settle there. Am I eligible for free NHS maternity care?
Bibin - 22-Oct-17 @ 5:51 AM
Trim - Your Question:
I have been living in Cyprus for 15 months. In that time I have visited the UK 5 times. My permanent address is in Cyprus. My bank address is at my brother-in-laws. Can I visit the doctor while visiting and have a mammogram done on the NHS. I am a pensioner receiving my state pension. Thank you

Our Response:
The NHS in England is a residence-based system, unlike many other countries, which have insurance-based healthcare systems. This means that all visitors to England may have to pay for NHS healthcare, depending on their circumstances, please see link here.
AboutImmigration - 20-Oct-17 @ 11:52 AM
I have been living in Cyprus for 15 months. In that time I have visited the UK 5 times. My permanent address is in Cyprus.My bank address is at my brother-in-laws. Can I visit the doctor while visiting and have a mammogram done on the NHS. I am a pensioner receiving my state pension. Thank you
Trim - 19-Oct-17 @ 11:10 AM
HI i am Spanish citizen that have lived in the UK for 10 years and has permanent residency card. My mother is from Venezuela and has been diagnose with Lymphoma hodgkin stage 3 and she is 76 years old. I would like to bring her here to get treatment and to settle in the UK indefinitely and for me to care for her. Would she be allow to NHS secondary care for cancer under EEA family permit visa and then extending the visa for permanent residency?
Maky - 7-Oct-17 @ 8:09 AM
Frank- Your Question:
Hi I was looking for some advice regarding my girlfriend.  Shes from the Philippines and she's illegal at the moment. We found out last week she's pregnant. We have been worried about treatment and things. I was wondering is it possible she can get treated by hospital even tho she is illegal. Do you have any advice in what to do ? And what the options would be ?

Our Response:
You can see more under the Maternity Action heading; 'access to maternity care' via the link here , which should tell you all you need to know.
AboutImmigration - 19-Sep-17 @ 11:21 AM
Lucie - Your Question:
I am a French citizen working and living in the UK for 2 years now. My father in law living outside EU/EEA is diagnosed with tumour and we hope to bring him to the UK for better care and attention. Could he apply for EEA family permit as an EU family member as he is financially dependent on us? could he avail cancer care under NHS service?

Our Response:
If your father-in-law is living outside the EU, then you can apply if as his sponsor you can support, accommodate and care for him without claiming public funds for at least five years. This means he would not be allowed to access care via the NHS.
AboutImmigration - 18-Sep-17 @ 12:16 PM
Hi I was looking for some advice regarding my girlfriend.  Shes from the Philippines and she's illegal at the moment. We found out last week she's pregnant. We have been worried about treatment and things. I was wondering is it possible she can get treated by hospital even tho she is illegal. Do you have any advice in what to do ? And what the options would be ?
Frank - 18-Sep-17 @ 11:00 AM
I am a French citizen working and living in the UK for 2 years now. My father in law living outside EU/EEA is diagnosed with tumour and we hope to bring him to the UK for better care and attention. Could he apply for EEA family permit as an EU family member as he is financially dependent on us? could he avail cancer care under NHS service?
Lucie - 15-Sep-17 @ 4:31 PM
Hi my sister and her daughter both live and work in turkey ,every year they come Here and have treatment on the NHS they have lived and worked in turkey for 20 yrs . Are they still entitled to this free. They use a sisters address for the drs .
Lita - 9-Sep-17 @ 12:32 PM
My daughter and her two children are returning from Australia to live with me,will they be eligible for free health care
Jenny - 5-Sep-17 @ 5:48 PM
My daughter was born in England,but has been living in Australia for a lot of years,she is returning to live here and has two children will they be able to register for free health care ?
Jenny - 5-Sep-17 @ 5:45 PM
Lakesider - Your Question:
A great deal of this seems to depend on how, exactly, "ordinarily resident" is defined. What is the definition? What criteria are used to determine if someone is "ordinarily resident"?My wife is a joint Irish/US citizen, she earns a small part of her income from the UK, does not pay incomes taxes in the UK, we jointly own property in the UK, she has her own bank account in the UK but on average spends less than 25% of her time in the UK. She was accepted on the local GP roll 20 years ago but they have never asked about her residency.I'm British, more than 50% of my time is spent in the UK, most of my income comes from the UK, I pay income taxes in the UK. Thank you.

Our Response:
I agree it is a tricky definition. As a rule, a person is considered to be ordinarily resident as guided by the intent of the person to remain in the UK for a significant period of time. Generally, a person residing more than three years in the UK can be defined as an ordinarily resident, but this is not set in stone. The NHS classifies it as as being NOT dependent upon nationality, payment of UK taxes, national insurance (NI) contributions, being registered with a GP, having an NHS number or owning property in the UK. Ordinarily resident means living in the UK on a lawful and properly settled basis. You can see more via the NHS link here .
AboutImmigration - 7-Aug-17 @ 12:16 PM
A great deal of this seems to depend on how, exactly, "ordinarily resident" is defined. What is the definition? What criteria are used to determine if someone is "ordinarily resident"? My wife is a joint Irish/US citizen, she earns a small part of her income from the UK, does not pay incomes taxes in the UK, we jointly own property in the UK, she has her own bank account in the UK but on average spends less than 25% of her time in the UK. She was accepted on the local GP roll 20 years ago but they have never asked about her residency. I'm British, more than 50% of my time is spent in the UK, most of my income comes from the UK, I pay income taxes in the UK. Thank you...
Lakesider - 5-Aug-17 @ 9:03 AM
MS - Your Question:
Hi,Me and my wife are moving to UK on Tier2 long term visa next week. We just got the news that she is pregnant 9weeks. In the visa fees we also pay NHS charges and got the NHS number. I want to know if she is eligible to get NHS cover for maternity in UK.Thanks

Our Response:
All nationals from outside of Europe, coming to live in the UK for longer than six months will be required to pay a ‘health surcharge’ in order to gain access to the UK’s National Health Service (NHS). You can see more via the gov.uk link here. NHS maternity care is provided free of charge to women who are; considered to be ‘ordinarily resident’ in the UK, or EEA nationals who are insured by another European state, or exempt from charges (including people who have paid the health surcharge), please see link here .
AboutImmigration - 28-Jul-17 @ 12:10 PM
Hi, Me and my wife are moving to UK next week on Tier 2 long term visa. We just came to know she is 9 weeks pregnant. We have paid NHS charges with Visa fees. Will she get NHS maternity care for free? Will there be any charges? Thanks
MS - 27-Jul-17 @ 2:34 AM
Hi, Me and my wife are moving to UK on Tier2 long term visa next week. We just got the news that she is pregnant 9weeks. In the visa fees we also pay NHS charges and got the NHS number. I want to know if she is eligible to get NHS cover for maternity in UK. Thanks
MS - 27-Jul-17 @ 2:20 AM
Melissa - Your Question:
I am an American citizen. My husband is English. While waiting for his American green card we were in England. I was on a tourist visa. There was a delay in his green card status, and our son was born in England. I am now being charged for the birth. If my husband and son are both British citizens, why am I being charged?

Our Response:
The NHS in England is a residence-based system and free to those who have settled/resident status. This means that all visitors (even former British citizens who are not classed as being 'ordinarily resident') have to pay for NHS healthcare. If you were visiting the UK from the US, you would have needed to ensure you were covered for healthcare through personal medical or travel insurance for the duration of your visit. If you needed NHS treatment and you had not arranged insurance, the policy is to charge at 150% of the standard NHS rate, unless an exemption category applies to either you or the treatment you received.
AboutImmigration - 25-Jul-17 @ 12:21 PM
Paraschiva- Your Question:
Hello, I recently have my baby in this year. I have give birth to my baby on March. Before 2 weeks I recive a later.invoice that.I have to pay 4600 £.I have one year here in England with my boyfriend, I didn't work but my boyfriend he work. I have nino, I want to know if I can do something to don't pay. We have only one salary so we can't pay so much.

Our Response:
If you had medical treatment in the UK and were not eligible for treatment on the NHS, then there is little you can do.
AboutImmigration - 24-Jul-17 @ 4:21 PM
I am an American citizen. My husband is English. While waiting for his American green card we were in England. I was on a tourist visa. There was a delay in his green card status, and our son was born in England.I am now being charged for the birth. If my husband and son are both British citizens, why am I being charged?
Melissa - 24-Jul-17 @ 3:15 PM
Hello, I recently have my baby in this year. I have give birth to my baby on March. Before 2 weeks I recive a later..invoice that.I have to pay 4600 £.I have one year here in England with my boyfriend,I didn't work but my boyfriend he work. I have nino,I want to know if I can do something to don't pay. We have only one salary so we can't pay so much.
Paraschiva - 23-Jul-17 @ 6:31 PM
Mima - Your Question:
Hi. Im a british citizen who has recently moved back to the uk. Im 19 weeks pregnant and im curently living with my sister. I have been denied job seekers allowance for not living in the uk for the last 3 months. I do have 1 proof of adress and a british passport. My question is, does the gp have the right to deny me free maternity care.

Our Response:
In order to have free care on the NHS you need to be classed as being 'ordinarily resident' in the UK. Your entitlement to free NHS treatment depends on the length and purpose of your residence in the UK, not your nationality.An overseas visitor is any person who is not classed as being ordinarily resident in the UK. Citizens who return to the UK on a settled basis will be classed as ordinarily resident, and once verified will be eligible for free NHS care immediately.
AboutImmigration - 18-Jul-17 @ 3:12 PM
Hi. Im a british citizen who has recently moved back to the uk. Im 19 weeks pregnant and im curently living with my sister. I have been denied job seekers allowance for not living in the uk for the last 3 months. I do have 1 proof of adress and a british passport. My question is, does the gp have the right to deny me free maternity care.
Mima - 18-Jul-17 @ 2:45 PM
SJW - Your Question:
Hi, my mom and I are both British Citizens and live in South Africa. My mom goes to the UK every other year or so to see family and has a state pension. This year when we went, my mom got really sick and was rushed to hospital emergency. They thought she may have a blood clot from the flight. Needless to say, after the emergency treatments etc it wasn't a blood clot. What followed was a hefty hospital bill. My questions are, why is my mom not covered by the HNS, why will they not give me an itemized bill and why are they not prepared to reduce the charges. My mom does not get any state benefits in South Africa, because she is British and now she is liable for this bill that to be honest, she cant afford. what do we do? Any advise or assistance will be greatly appreciated. Thanks

Our Response:
If your mother does not live in the UK, then unfortunately for her she is not entitled to free treatment via the NHS. Within the UK, free NHS treatment is provided on the basis of someone being classed as ‘ordinarily resident’. It 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. You can see more via the gov.uk link here . I cannot advise what your mother can do, as she would have needed to have paid for health care insurance in order to be covered. Anyone who does not have insurance is charged at 150% of the NHS national tariff for any care they receive.
AboutImmigration - 14-Jul-17 @ 2:49 PM
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