NHS Access: A Migrant's Guide to Healthcare in England
Embarking on a journey to a new country involves a multitude of considerations, one of the most crucial being access to healthcare. For migrants arriving in England, navigating the intricacies of the National Health Service (NHS) is essential for ensuring their well-being and that of their families. However, understanding the nuances of NHS access can often be a daunting task, with various visa categories and regulations shaping who is entitled to what level of care.
In this article, we explore accessing the National Health Service (NHS) in England as a migrant. We’ll explore the definition of a migrant within the context of healthcare provisions, shedding light on who falls under this classification and the diverse visa categories they might belong to. We’ll also unravel the layers of NHS services available to migrants, clarifying the entitlements surrounding primary and secondary care. From immigration health surcharges to exemptions and special provisions, this guide aims to empower migrants with the knowledge they need to navigate the healthcare landscape in their new home.
What Is the Definition of a Migrant and Who Is Considered to Be a “Migrant” or “Immigrant”?
Migrants may be defined as foreign-born, foreign nationals, or people who have moved to the UK, for instance, to work, study, or join a family member. For the purposes of this guide, a migrant relates to a foreign-born individual who has applied for a visa to enter or remain in the UK and permanently reside in the UK for 6 months or longer.
Some examples of those who are considered to be migrants or immigrants, include those applying for:
- Partner and Family Visas;
- EEA Nationals and Family Visas;
- Long Term Work Visas;
- Short Term Work Visas;
- Other Work Visas (Ancestry, Overseas Domestic Worker, and BN(O) visas);
- Student and Graduate Visas;
- Global Talent Visas;
- Investor Visas;
- Business Visas;
- Business Mobility Visas;
This contrasts to a visitor, whereby the individual has an intention to leave the UK and return to their home country. To find out more information on the different types of visitor visas, please see our webpage, here. Furthermore, to find out more information on accessing the NHS as a visitor, please see our previous post, here.
What is the NHS Service?
The National Health Service (NHS) is a government funded medical and healthcare system in the United Kingdom which was established in 1946. The NHS is responsible for providing comprehensive and free healthcare for people ordinarily resident in the United Kingdom. An ordinarily resident individual is defined as someone who lives in the UK on a lawful and properly settled basis for the time being. Those ordinarily resident in the United Kingdom are entitled to fully access the NHS for free with no restrictions.
What NHS Medical Services Can I Access in England as a Migrant and Why?
A migrant, who is ordinarily resident in the UK, is entitled to fully access all the services within the NHS in England. There is no limit to how much a migrant can access the NHS, nor is there a limit to the type of care a migrant can access within the NHS. Migrants who are ordinarily resident in the UK can access primary care and secondary care within the NHS free of charge.
Primary care is considered to be the first point of contact between patients and medical professionals. For example, visits to General Practitioners (GPs) or the Accident and Emergency department in Hospitals (A&E). Secondary care commonly refers to when a primary care provider has referred an individual for further specific treatment, such as attending the hospital or an outpatients’ clinic to see an expert for specialist treatment. To find out more on the distinction between primary and secondary care, please see our previous post, here.
Migrants who are ordinarily resident in the UK are entitled to fully access the NHS free of charge due to the fact that many visa applications require payment of the Immigration Health Surcharge (IHS) when submitting visa applications online. The Immigration Health Surcharge is intended to ensure migrants contribute to the cost of healthcare provided by the NHS.
Currently, the Immigration Health Surcharge fee for students, student dependants, those applying for entry clearance or leave to remain under the Youth Mobility Scheme, and applications made by children under the age of 18 is £776 a year. The Immigration Health Surcharge fee for all other relevant immigration categories for entry clearance or leave to remain in respect of persons aged 18 years or over at the date of application is £1,035 a year.
Fiance Visas and Proposed Civil Partner Visas
Please note that those applying for a fiance visa or proposed civil partner visa are not required to pay for the Immigration Health Surcharge, and thus, just like visitors, they are not entitled to fully access the NHS free of charge. Fiances and proposed civil partners can access primary care within the NHS, which has been explored briefly above and in more detail in our previous post on accessing the NHS in England as a visitor.
A fiance or proposed civil partner will be required to pay the Immigration Health Surcharge when they submit an online application form to switch to a spouse or civil partner visa within the UK. Once the fiance or proposed civil partner have successfully switched into the spouse or civil partner route, the applicant will be entitled to fully access the NHS, including all primary and secondary care.
Those on Immigration Routes Who Are Not Required to Pay the Immigration Health Surcharge and Who Can Still Fully Access the NHS
Please note that there are certain immigration routes that do not require the payment of the Immigration Health Surcharge and these individuals are still entitled to fully access the NHS free of charge.
Health and Care workers, individuals applying under the EU Settlement Scheme, or those applying for Indefinite Leave to Remain, or to naturalise as a British Citizen are not required to pay the Immigration Health Surcharge, but can still fully access the NHS for free, including all primary and secondary care.
Likewise, there is no Immigration Health Surcharge for those claiming asylum or applying for entry clearance or permission to stay under the Ukraine Scheme. Ukrainians who are ordinarily resident in Ukraine and lawfully in the UK from 24 February 2022, and asylum seekers, refugees, and their dependents can fully access the NHS free of charge. To see the full list of who is exempt from NHS charges, please see our previous blog under ‘Exemptions to Secondary Care’.
Contact our Immigration Barristers
In this post we have highlighted some of the key factors determining access to the NHS in England as a Migrant. For expert advice in relation to a UK visa application or immigration appeal, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.
