If you owe money to the NHS, this can be a basis of refusal for your UK visa application. Navigating the intricacies of healthcare regulations can be complex. In this blog, we will discuss what an NHS debt is and the subsequent implications of owing money to the NHS.
What is an NHS debt?
An NHS debt is where an individual has failed to pay charges under relevant NHS regulations. An NHS debt may have been accrued if secondary healthcare (healthcare provided to the person by a hospital) is received when you are not eligible for free treatment.
To properly understand the implication of NHS debt it is important to understand how an individual can incur this debt.
How do you incur a NHS debt?
You need to pay for any treatment received at a hospital or a specialist clinic unless one of the following applies to you at the time you’re treated:
- you are ordinarily resident in the UK
- you have paid the immigration health surcharge as part of your current UK visa
- you are exempt from the immigration health surcharge
If the exemptions listed above do not apply and you do not get charged at the hospital, the NHS trust that treated you should send you an invoice.
Primary healthcare on the other hand is free for everyone. This includes:
- visiting a GP
- accident and emergency services
- detection and treatment of certain infectious diseases
- other free services as provided by the healthcare regulations
However, it is important to know if the treatment you receive from a hospital is free or not, so that you remain compliant with the rules.
Who is an overseas visitor?
The National Health Service (Charges to Overseas Visitors) Regulations 2015 define an “overseas visitor” as “a person not ordinarily resident in the United Kingdom”; for example, a visitor travelling to the UK for tourist purposes. An overseas visitor could also include former UK residents subject to exemptions.
It may be challenging to understand who is considered ordinarily resident in the UK and if you are exempt from paying an NHS debt. It is therefore advisable to seek legal assistance in this regard.
Implications of owing money to the NHS
Certain visa applications to enter or remain in the UK may be refused if the applicant has an NHS debt against them. Having a debt by itself is not an automatic ground for refusal. Itis when an individual’s debt reaches the relevant threshold, as stated in the rules, that it may affect their immigration application.
NHS debt is a discretionary ground for refusal, which means that the Home Office will decide if it is appropriate to refuse a visa application on a case-by-case basis.
It is useful to know that NHS bodies use their own internal processes to recover NHS debt. They will only notify the Home Office once the debt has been outstanding for two months or more from the date of invoice, and there is no agreement in place to pay by instalments.
If the NHS body has notified the Home Office, the debt will appear on an applicant’s immigration record. The Home Office will then consider various factors before deciding to refuse the application based on NHS debt. Some relevant factors are:
- Whether the applicant is in the UK or if they are seeking to return to the UK and why
- How much money is owed and the date from when it is owed
- The family circumstances (for example, does the applicant look after a family member in the UK?)
- The health conditions, if any, of the applicant (any illness?)
- The financial circumstances, if applicable
If it flags up on the Home Office’s system that you have an NHS debt, the Home Office may contact you to check if that debt has been repaid or if there is a repayment plan in place. Unless an NHS debt is settled, there are higher chances of your application being refused, and thus it is recommended that you seek legal advice at once.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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