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Will I be Entitled to NHS Treatment?

By: Louise Smith, barrister - Updated: 17 Apr 2019 | 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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jg - 17-Apr-19 @ 7:36 PM
Hi I have lived in the UK since I was born. I recently was diagnosed with a condition that needs therapy. I was told 4several weeks ago (Feb 19)that my appointment could take between 6 to 12 weeks to come through.At the end of April I hope to move to a EU country and become a resident there. As I have started treatment in the UK, can this continue?
J - 13-Apr-19 @ 12:43 PM
I am British but have been overseas for many years. Whilst overseas in 2016 I married a German woman. We both intend to live in UK starting June 2019 and I want to know if she will be eligible for free NHS treatment as my spouse or if we will have to go through some process for her to obtain a spouse visa.
colinm - 3-Apr-19 @ 5:32 AM
@Savvy - If you come to the UK as a visitor you will not be able to change to a spouse family visa without leaving the UK first.
TJ. - 27-Feb-19 @ 9:00 AM
I would like to join my husband who is a citizen of Britain. I want to also give birth to our baby while in England, so my child and husband will both be British citizens. I intend to stay in the country after. I am a US citizen and I want to come as a visitor into the country as a visitor. From what I understand, being a US citizen I can stay up to 6 months without applying for a visitors visa. I want to apply for a family visa while in the country within those 6 months. Is this aloud or will I be turned away?
Savvy - 26-Feb-19 @ 8:37 PM
Hi, I live in the UK on Spouse Visa, my husband is a British citizen. Am I entitled to NHS funded IVF service? Thank you.
GJ - 15-Feb-19 @ 7:59 PM
@Rana - An individual who holds ILE has the same entitlements as one with ILR
TJ. - 15-Feb-19 @ 5:44 AM
@TJ Thank you so much for replying. But in my comment I explained that I don’t have ILR. I only have indefinite leave to ENTER. Will I still be entitled to free IVF treatment? :((
Rana - 14-Feb-19 @ 10:04 AM
@Rana - If you have been granted ILR then you are entitled to IVF on the NHS provided you meet the other NHS requirements
TJ. - 13-Feb-19 @ 9:07 AM
Hi, I was granted a Indefinite Leave to Enter spouse visa in Nov. 2016. Am I eligible for free NHS IVF treatment. My husband is a British citizen. Our IVF Referal has been approved but the NHS funding status is still pending. I would really appreciate it if you can answer me we’re going through a very stressful time!! Thank you!
Rana - 12-Feb-19 @ 5:33 PM
@Errimou - Your daughter simply has to go the GP in her area of residence and request for an NHS number and they will handle the rest.
TJ. - 30-Jan-19 @ 11:30 AM
I am UK citizen married in an eu country.My daughter has dual uk&eu citizenship.She has been studying in the UK as an eu student for 3 years and working part time in the UK at the same time. Her studies are finishing this summer and she would like to settle permanently in the UK now. What does she need to do? Particularly regarding NHS healthcare (up till now she has had an EHIC). How does she obtain an NHS number as a permanent UK resident? And what else does she need to do in general?
Errimou - 30-Jan-19 @ 4:30 AM
Hi there. My partner was diagnosed with an advanced cancer. I'm British and he is South African. We have just got married and I have been working and with him in South Africa for 18 months. I've been wanting to move back to the UK and finally found a job. He is not keen as such but will obvs come with me. He has yet to start treatment as he has had various issues around treatment. Should we definitely move would he be entitled to free treatment? The new treatment is quite costly but available in the UK.
Zeke - 20-Jan-19 @ 6:45 PM
Hello, I would like to know please wether the answer you gave above about giving birth in the uk is still relevant in 2018. I am in the same situation, married to British citizen we live abroad but we own a residence in the UK. I am pregnant and we are planning for me to deliver in the uk as our insurance in our country of residence doesn’t cover pregnancy and delivery. Am I entitled to free nhs treatment in this case? I am holder of spouse visa. Thank you in advance
Sofia - 8-Nov-18 @ 4:31 AM
My husband has a Belgium passport, I have a British. Will he be able to use the NHS when we move to the UK?
Olli - 5-Nov-18 @ 2:15 PM
@Cat - British citizens are considered ordinarily resident in the UK as soon as they arrive to the UK with the intention of remaining permanently so you would be immediately entitled to free services under the NHS. Your spouse will pay an NHS surcharge as part of his visa application which will entitle him to free services under the NHS.
TJ. - 24-Oct-18 @ 7:25 PM
I am a British citizen who has resided in the US as a permanent resident with my spouse for 28 years.Should we return to the UK, either long term, or permanently, how will that effect our nhs entitlements.i.e. myself and my spouse for a 6 month stay to work, and/r myself and my spouse for a 5 year stay to work?And if we retire there and he applies for British citizenship?Please advise.Thank you.
Cat - 23-Oct-18 @ 4:38 PM
@rykie - If the treatment is free under the NHS then your son will be entitled to it as you will be ordinarily resident in the UK. All you need to do is register with a GP when you arrive after which you will obtain NHS numbers.
TJ. - 9-Oct-18 @ 2:51 PM
@rykie Is the purpose of your stay in the U.K. to work or is it to have treatment for your son? As part of applying for an ancestry visa you must show that you intend to work in the U.K. can provide housing for your family and contribute like any other ordinary resident. I only say this because I know someone who was refused an ancestry visa on the basis that she was coming to the U.K for medical treatment for her child when they said treatment was available where they were and they had no right to appeal.
Nic - 9-Oct-18 @ 10:26 AM
Hi TJ Thank you for your response. What should we do in order to commence with my son's chemotherapy immediately once we arrive? Will the hospitals not turn us away or tell us to pay as this is a pre existing condition before arriving in the country?
rykie - 9-Oct-18 @ 5:12 AM
Hi TJ Thank you for your response. What should we do in order to commence with my son's chemotherapy immediately once we arrive? Will the hospitals not turn us away or tell us to pay as this is a pre existing condition before arriving in the country? Pls see previous correspondence below: Rykie - All people who are ordinarily resident in the UK are entitled to free services under the NHS. Given that the Ancestry visa is for 5 years, you should be considered ordinarily resident upon arrival and registering with a GP TJ. - 7-Oct-18 @ 10:37 AM We are planning on moving to the UK on an Ancestry Visa. Will my 5 yr old son who has leukemia qualify for free healthcare and treatment for his condition when we get to the UK and will there be a waiting period as this is a pre-existing conditon? Rykie - 5-Oct-18 @ 10:55 PM
Rykie - 8-Oct-18 @ 12:10 AM
@Rykie - All people who are ordinarily resident in the UK are entitled to free services under the NHS. Given that the Ancestry visa is for 5 years, you should be considered ordinarily resident upon arrival and registering with a GP
TJ. - 7-Oct-18 @ 10:37 AM
We are planning on moving to the UK on an Ancestry Visa. Will my 5 yr old son who has leukemia qualify for free healthcare and treatment for his condition when we get to the UK and will there be a waiting period as this is a pre-existing conditon?
Rykie - 5-Oct-18 @ 10:55 PM
@Lana - All British residents including foreign nationals who are legally in the UK are entitled to free services under the NHS
TJ. - 29-Sep-18 @ 3:13 PM
Hi, we are a couple consisting of one kiwi who is pregnant and on an ancestry visa, who has been here for 3.5years. And one fullbritish citizen who has lived here all his life. We have been together for 1.5 years. Kiwi is now pregnant. Is she entitled to free maternity care (inc delivery etc.) under NHS?
Lana - 28-Sep-18 @ 11:05 PM
Ro - Your friend is not entitled to free NHS maternity care. However she cannot be refused maternity care if she requires it despite her immigration status or ability to pay.
TJ. - 13-Sep-18 @ 4:24 PM
Ro - Your Question:
My friend is illegal in UK and dating a English guy and now she is pregnant. Is she can use Gp and having a baby here or she need to back to her country?

Our Response:
Your friend would not be entitled to NHS treatment if she is in the UK without legal documentation and would have to leave to have her child in her home country.
AboutImmigration - 13-Sep-18 @ 1:59 PM
My friend is illegal in UK and dating a English guy and now she is pregnant. Is she can use Gp and having a baby here or she need to back to her country?
Ro - 11-Sep-18 @ 7:22 PM
Hannah - Your Question:
HiI am a UK citizen born overseas. I have never lived in UK but am now going to be here permanently as I am starting a four year course at University of Manchester. How do I get a NHS number?Thanks

Our Response:
The link here should help answer your question.
AboutImmigration - 7-Sep-18 @ 12:07 PM
@Hannah - You will get an NHS number once you apply at your nearest GP
TJ. - 5-Sep-18 @ 9:53 PM
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