Immigration Corner | Who should pay the healthcare surcharge?

Dear Mr Bassie,

I am aware that a healthcare surcharge should sometimes be paid when making an immigration application to the United Kingdom. My questions are who must pay this, and at what point are persons eligible to start accessing healthcare?

- B.H.

Dear B.H.,

It would seem that the immigration status that you are applying for would require a person to pay a healthcare surcharge, called the 'Immigration Health Surcharge' (IHS) as part of your immigration application.

Persons can start using the National Health Service (NHS) when the following criteria are met. They have paid the healthcare surcharge or are exempt from paying it and their visa or immigration application is granted. Those persons will still need to pay for certain types of services such as prescriptions, dental treatment, and eye tests.

In addition, those persons should be prepared to produce their biometric residence permit when accessing healthcare in the United Kingdom.

For visa applications made outside of the United Kingdom, persons will need to pay if

- They are a national of a country outside the European Economic Area (EEA).

- They are applying for a visa to work, study, or join their family in the United Kingdom for more than six months. However, they are not applying to remain in the UK permanently.

For immigration applications made from within the UK, persons will need to pay if

- They are a national of a country outside the EEA.

- They are making an immigration application for any length of time, including applications for six months or less, but they are not applying to remain in the United Kingdom permanently.

Applicants should be aware that they will still need to pay even if they have private medical insurance.

Persons will still need to use the payment service to get an IHS reference number, but they will not need to pay if

- He or she is a child under 18 years old who has been taken into care by a local authority.

- He or she is a relevant civilian employee at NATO or the Australian Department of Defence in the United Kingdom or they are dependents.

The service will tell the applicant that he or she does not have to pay anything and will give the person his or her healthcare surcharge reference number for the application.

Further, persons will be able to use the NHS even if they are exempt from paying.

 

Persons who do not need to pay or get an IHS reference number

 

Persons will be able to use the NHS without paying the surcharge or getting a reference number if

- They are applying for indefinite leave to enter or remain.

- They are a diplomat or a member of a visiting armed forces and not subject to immigration control.

- They are a dependent of a member of the UK's armed forces.

- They are the dependent of a member of another country's armed forces who is exempt from immigration control.

- They are a family member of a European national with European Union treaty rights.

- They are applying for a visa for the Isle of Man or the Channel Islands.

- They are a British Overseas Territory citizen resident in the Falkland Islands.

- They are an asylum seeker or applying for humanitarian protection or their dependents.

- They are domestic workers who have been identified as victims of slavery or human trafficking.

- They are applying for discretionary leave to remain in the UK as persons who have been identified as victims of slavery or human trafficking or their dependent.

- The Home Office's domestic violence concession applies to them or their dependents.

- Being made to leave the United Kingdom would be against their rights under Article 3 of the European Convention of Human Rights or their dependents.

Persons will need to pay the healthcare surcharge if they apply for indefinite leave to remain but are only given limited leave. They will need to pay before being given the leave.

I hope this helps.

- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners' Association (UK). Email: lawbassie@yahoo.com.