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NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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JB007
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NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by JB007 » Sun Sep 12, 2021 4:19 pm

NHS charging details that might affect some on here
https://www.gov.uk/government/publicati ... k#overview

secret.simon
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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by secret.simon » Sun Sep 12, 2021 4:40 pm

Is this article specific to people on the EEA route or does it have general applicability (and would be better placed in the General UK Immigration forum)?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

JB007
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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by JB007 » Sun Sep 12, 2021 5:04 pm

secret.simon wrote:
Sun Sep 12, 2021 4:40 pm
Is this article specific to people on the EEA route or does it have general applicability (and would be better placed in the General UK Immigration forum)?
The changes are about the UK leaving the EU. The rest for those using UK immigration rules, appear to be the same as normal.

e.g.
- for EEA or Swiss citizens and their family members who were in the UK on or before 31 December 2021

A person should have "sufficient resources" for themselves and their family members to prevent them becoming an unreasonable burden on the social assistance system of the UK.

Where that person must have "sufficient resources" for themselves and their family members, that person should also have "comprehensive sickness insurance" (CSI), and they should also hold CSI for their family members.

A person may be considered as having CSI if they have a comprehensive private health insurance policy.

A student who started their course before the end of the transition period (31 December 2020), who remains on that course and has pre-settled status, may require CSI to be considered to have "sufficient resources".


- A person residing in the UK on the basis of "Zambrano" by 31 December 2020 can also apply to the EU Settlement Scheme, although they are not protected by the Withdrawal Agreements. Where a person does not apply by 30 June 2021, they will become chargeable unless an exemption applies, or until such point as they have lawful residence, and can be deemed to be ordinarily resident in the UK, or they have paid the surcharge.

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by JB007 » Sun Sep 12, 2021 5:17 pm

Please put this where you think it will help the most.

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by Ap22 » Tue Sep 14, 2021 5:53 pm

My wife has a pending EUSS application.
Shes been in the UK 20 years, working, paying tax, nhs id etc..
My daughter is British born, British passport and birth certifcate, and so am I.

It didnt stop St Helier hospital suggesting to my wife that unless she can prove her EUSS, that all of us (yes all of us) could be charged in future.

At this point I weighed in, to point out I think shes over reaching herself without checking facts.
However currently with the EUSS application showing “pending”, no CoA recieved, no approval my wife is in a tough spot against a person with an attitude like that.

I can only imagine what its like for non-native english speakers, visiting hospital without benefit of a native speaker.

I suspect lots of lawsuits are going to come against the home office in the next few years with this debacle, its simply not right.

secret.simon
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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by secret.simon » Tue Sep 14, 2021 6:36 pm

Ap22 wrote:
Tue Sep 14, 2021 5:53 pm
I suspect lots of lawsuits are going to come against the home office in the next few years with this debacle
Doubt it. We are not the US. And it will likely be the NHS getting sued, not the Home Office.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by kamoe » Tue Sep 14, 2021 7:15 pm

Ap22 wrote:
Tue Sep 14, 2021 5:53 pm
I can only imagine what its like for non-native english speakers, visiting hospital without benefit of a native speaker.
Slightly on a tangent but I think it is of cultural importance to point out that if someone is not a native speaker doesn't mean one cannot fluently and competently communicate in the relevant non-native language, whatever language that is.

While I recognize many people might be in a vulnerable situation right now where the English language is a struggle, and I sympathize with that, most long-term UK residents who are non native English speakers are perfectly capable of sorting themselves out in daily life without the "help" of a native speaker. I'm sure it was not your intention, but your comment can be perceived as very condescending.

On a related note, never praise too much someone's ability to speak English. If you must, compliment them once, and turn the page. Truth is, speaking a foreign language doesn't require anyone to be a genius, human beings are hardwired to learn to communicate, it isn't really that big a deal, and you might end up offending people if you insist too much on your amazement at their ability to do something that in reality is really straight forward. Trust me, I've seen this happening.

Sorry for the rant.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by JB007 » Tue Sep 14, 2021 9:21 pm

Ap22 wrote:
Tue Sep 14, 2021 5:53 pm
My wife has a pending EUSS application.
Shes been in the UK 20 years, working, paying tax, nhs id etc..
My daughter is British born, British passport and birth certifcate, and so am I.

It didnt stop St Helier hospital suggesting to my wife that unless she can prove her EUSS, that all of us (yes all of us) could be charged in future.
...
I suspect lots of lawsuits are going to come against the home office in the next few years with this debacle, its simply not right.
From what I recall of the Act that brought in the changes to protect the NHS, the NHS staff are required to check. Their Trust gets fined if they give free treatment away to somebody who must pay and their budget is hit twice; from the fine and the cost of that treatment. By catching those who must pay, they get 150% of the NHS cost for their budget.

British citizenship or a British passport, does not mean that person can use the NHS without being billed at 150% of the NHS cost. British citizens were abusing the NHS too, by visiting the UK for free medical treatment when they should have paid. Brits also have to prove they can use the NHS without being billed. Returning Brits also have to prove they have really left the counry they had been living in.

On your other thread, your wife was advsed to still apply for the EUSS even though she did not apply by the deadline of 30 June 2021. I think the EUSS scheme opened two years ago? You also said that your EU citizens wife was not working and that she was having problems using the NHS for free.
british-citizenship/citizenship-stress- ... l#p2026344
Your wife might want to read the Confirming lawful residence section of the link above.

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by Ap22 » Thu Sep 16, 2021 2:04 pm

kamoe wrote:
Tue Sep 14, 2021 7:15 pm
Ap22 wrote:
Tue Sep 14, 2021 5:53 pm
I can only imagine what its like for non-native english speakers, visiting hospital without benefit of a native speaker.
Slightly on a tangent but I think it is of cultural importance to point out that if someone is not a native speaker doesn't mean one cannot fluently and competently communicate in the relevant non-native language, whatever language that is.

While I recognize many people might be in a vulnerable situation right now where the English language is a struggle, and I sympathize with that, most long-term UK residents who are non native English speakers are perfectly capable of sorting themselves out in daily life without the "help" of a native speaker. I'm sure it was not your intention, but your comment can be perceived as very condescending.

On a related note, never praise too much someone's ability to speak English. If you must, compliment them once, and turn the page. Truth is, speaking a foreign language doesn't require anyone to be a genius, human beings are hardwired to learn to communicate, it isn't really that big a deal, and you might end up offending people if you insist too much on your amazement at their ability to do something that in reality is really straight forward. Trust me, I've seen this happening.

Sorry for the rant.
Its not intended, maybe my words should be better, i am trying to empathise with non-english speakers on the hard end of receiving this.
Ive been to enough non-english speaking countries to know myself its not easy to communicate when my first language isn't used, in a discussion with authorities it can be very intimidating, if you don't fully understand.

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by kamoe » Thu Sep 16, 2021 2:09 pm

Ap22 wrote:
Thu Sep 16, 2021 2:04 pm
kamoe wrote:
Tue Sep 14, 2021 7:15 pm
Ap22 wrote:
Tue Sep 14, 2021 5:53 pm
I can only imagine what its like for non-native english speakers, visiting hospital without benefit of a native speaker.
Slightly on a tangent but I think it is of cultural importance to point out that if someone is not a native speaker doesn't mean one cannot fluently and competently communicate in the relevant non-native language, whatever language that is.

While I recognize many people might be in a vulnerable situation right now where the English language is a struggle, and I sympathize with that, most long-term UK residents who are non native English speakers are perfectly capable of sorting themselves out in daily life without the "help" of a native speaker. I'm sure it was not your intention, but your comment can be perceived as very condescending.

On a related note, never praise too much someone's ability to speak English. If you must, compliment them once, and turn the page. Truth is, speaking a foreign language doesn't require anyone to be a genius, human beings are hardwired to learn to communicate, it isn't really that big a deal, and you might end up offending people if you insist too much on your amazement at their ability to do something that in reality is really straight forward. Trust me, I've seen this happening.

Sorry for the rant.
Its not intended, maybe my words should be better, i am trying to empathise with non-english speakers on the hard end of receiving this.
Ive been to enough non-english speaking countries to know myself its not easy to communicate when my first language isn't used, in a discussion with authorities it can be very intimidating, if you don't fully understand.
Absolutely, makes sense. Hope your wife gets her EUSS soon!
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by Ap22 » Thu Sep 16, 2021 3:57 pm

JB007 wrote:
Tue Sep 14, 2021 9:21 pm

British citizenship or a British passport, does not mean that person can use the NHS without being billed at 150% of the NHS cost. British citizens were abusing the NHS too, by visiting the UK for free medical treatment when they should have paid. Brits also have to prove they can use the NHS without being billed. Returning Brits also have to prove they have really left the counry they had been living in.

On your other thread, your wife was advsed to still apply for the EUSS even though she did not apply by the deadline of 30 June 2021. I think the EUSS scheme opened two years ago? You also said that your EU citizens wife was not working and that she was having problems using the NHS for free.
british-citizenship/citizenship-stress- ... l#p2026344
Your wife might want to read the Confirming lawful residence section of the link above.
I’m learning more and more on this every day.

Can I ask, in regard to myself and my daughter,..

Both British born, British passport, fully British resident, and myself a higher rate paye taxpayer, upto date NI every month, for since 2003 (i lived abroad for a few years before that ), that I nor my daughter would not qualify for NHS treatment due to my wife being registered unemployed due to Covid in August 2020 and not yet having her Citizenship or EUSS ?

As this is what I raised issue with at the hospital, they were telling her that we would not get treatment either, if it was needed… I dont believe that it possibly correct, but your post has me now questioning myself ?

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by JB007 » Thu Sep 16, 2021 5:42 pm

Ap22 wrote:
Tue Sep 14, 2021 5:53 pm
It didnt stop St Helier hospital suggesting to my wife that unless she can prove her EUSS, that all of us (yes all of us) could be charged in future.
Are you talking about St Helier in Jersey or the hospital in Surrey? If Jersey, are you working in Jersey? Were visiting Jersey? https://www.gov.je/health/travelling/pa ... ersey.aspx

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by Ap22 » Thu Sep 16, 2021 5:48 pm

St Helier Hospital
Sutton, Surrey.

Wrythe Lane, Carshalton, Surrey, SM5 1AA

About 3 miles from Wimbledon, and 4 from the Home office in Croydon.

JB007
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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by JB007 » Thu Sep 16, 2021 5:59 pm

Ap22 wrote:
Thu Sep 16, 2021 3:57 pm


Can I ask, in regard to myself and my daughter,..

Both British born, British passport, fully British resident, and myself a higher rate paye taxpayer, upto date NI every month, for since 2003 (i lived abroad for a few years before that ), that I nor my daughter would not qualify for NHS treatment due to my wife being registered unemployed due to Covid in August 2020 and not yet having her Citizenship or EUSS ?

As this is what I raised issue with at the hospital, they were telling her that we would not get treatment either, if it was needed… I dont believe that it possibly correct, but your post has me now questioning myself ?
If you read the link in the first post, British citizens who reside in the UK should not be billed. That doesn't mean that they won't check to see that you really are residing in the UK.

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by Ap22 » Thu Sep 16, 2021 6:08 pm

With all due respect, they didnt ask where we lived, if you read my post.
If they need proof we could offer everything up to inviting the round for a cup of tea in that regard.
But that was never questioned.

What was pointed out was my wifes lack of proof could lead to denial of NHS service to all of our family.
Is this possible ?

(We are all fully registered with a local gp for more years than I can remeber, and have nhs Numbers, GHIC (yes the new one), NI number etc).

This is why I was shocked to hear this.
It felt to me, over stretching their authority, but reading the above.

As I said in my original post… whats “right” and what can happen at the coalface can be different.
Its not pretty.

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Re: NHS charging. Ways in which people can be lawfully resident in the UK. Updated 18 January 2021

Post by JB007 » Sun Jan 02, 2022 1:16 pm

Raising this again as there seems to be confusion.



Healthcare in the UK for EU, EEA, and Swiss Students
Updated on 22 December 2021


For students currently in the UK or who came to the UK before 31 December 2020.

This information is for students currently in the UK or who came to the UK before 31 December 2020

Pre-settled status
You are still required to possess Comprehensive Medical Insurance for the duration of your pre-settled status, even though you will not be asked about this during the application.

https://www.dundee.ac.uk/guides/healthc ... s-students




Students on a course that started before the end of the transition period
Students from the EEA or Switzerland who were studying at an accredited Higher Education institute in the UK on or before 31 December 2020 can use their EHIC or PRC to cover medically necessary healthcare for the duration of their course. They must apply to the EUSS if their course extends beyond the 30 June 2021 and they wish to remain in the UK (unless they already have indefinite leave to remain).

https://www.gov.uk/government/publicati ... k#overview



You can read more about who will charged in this Department of Health and Socail Care guidance for staff in England, dated November 2021.
Guidance on implementing the overseas visitor charging regulations
https://assets.publishing.service.gov.u ... ations.pdf

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