Restricting Access to Health Care for Migrants in the UK - Proposed Changes

What are the current Rules regarding these issues?

• The UK Government have already introduced an “NHS Debtors Rule” (Nov 2011) which states that applications  for leave to enter/leave to remain in the UK  can be refused in cases where over £1,000 is owed by certain foreign nationals for their  NHS treatment in the UK.
• However, the Home Office argue that these existing rules are complex and inconsistently applied, to those accessing “secondary healthcare” (eg hospital treatment) only, and should be altered to make provision for a fairer system to rule out abuse of NHS healthcare provision.
• Currently, temporary Non-EEA migrants benefit from free and unlimited access to NHS healthcare, provided they meet the “ordinary residence” test, i.e. that they are established in the UK, albeit only temporarily,  as a visitor, worker  or student for a period of not less than six months.

What does the Government want to change about these rules?

• The Home Office is proposing to introduce a “permanent residence” test to be met before access to NHS care is available.
• If a migrant is “temporary” (eg working in the UK) the Home Office proposes to continue to allow them access to the NHS provided they pay a charge, to be known as the “migrant health levy”.
• Other possibilities under consideration are that temporary migrants should be required  to have their own private medical insurance.
• It is also proposed that those here as short term visitors (for less than six months) and those here illegally should pay any NHS costs they incur in full, including for “primary healthcare”, eg visits to a GP.

What does “permanent residence” mean?

• The proposals define “permanent residence” as those having “indefinite leave to enter or remain” i.e. settled status.  It is only those with this status who would enjoy full access to free NHS healthcare.
• The proposals state that exemptions would apply to certain groups, eg refugees and asylum-seekers.

What is the “Migrant Health Levy” which is being proposed?

• The idea is that if a migrant is temporary and does not meet the proposed “permanent residence” test, they would have to pay a charge before they would be able to access NHS care.
• The charge would become payable in full  and “up-front” when the application for a visa or leave to remain was granted.
• It is also proposed that even if the levy is paid, certain types of NHS treatment will remain unavailable to the migrant, eg IVF treatment.
• In cases where the levy has been paid, this status would be endorsed on the “Biometric Residence Permit” of the migrant, as evidence that the migrant was allowed to access NHS healthcare.

The proposals have been subject to a consultation process, and are expected to be the subject of legislation in the new Immigration Bill later in 2013, and to come into force at some point in 2014 thereafter.

If you require help with these or any other immigration issues, please contact us for a free initial consultation at  mleate@jdspicer.co.uk.  We offer a friendly service and reasonable fixed fee rates by fully qualified immigration solicitors.