Immigration Solicitors

The Department of Health (DoH) may in the future require hospital staff to inspect patients’ passports to make sure they qualify for free NHS treatment.

Last week saw the introduction of a new system of charges for overseas visitors to the UK and migrants using NHS hospitals in England.

The DoH said that all patients would from now on be asked about their residency status in the UK to make sure they qualify for free treatment. If there is any doubt about their eligibility for free NHS treatment, migrants and overseas visitors may be asked to submit proof, including including passports and immigration documents.

Treatment at GP surgeries and at A&E departments will remain free, however – and hospitals will not turn away patients for emergency treatment on the grounds of their residency, although they may have to pay the costs later.

The DoH estimates that the new system of charging overseas patients for NHS care could save £500 million a year by the year 2017-2018.

Health tourism has been an issue for the NHS and among the political parties in the run up to the General Election in May. UKIP leader Nigel Farage caused controversy recently with comments he made during a TV debate, in which he said that 60% of the 7,000 patients diagnosed with HIV in the UK every year came from overseas. He added that foreign nationals should not automatically be entitled to free NHS treatment as soon as they arrive in the UK.

There has also been debate over maternity services being used by overseas visitors, some of whom it is reported, make the journey to Britain – and specifically London – in order to give birth in NHS hospitals.

A government report showed that 300 pregnant women were stopped at Gatwick Airport over a period of two years and had to be allowed to enter the UK to give birth because they were too near their due date to be returned home safely. The women had boarded flights in their home countries using forged doctors’ notes stating their pregnancy was not beyond the safe limit for flying, which is 36 weeks. Many were found to be due to give birth within days of arriving in the UK, however.

The government estimates that health tourism costs the UK £80m a year and has introduced a £200 health surcharge for visitors from the European Economic Area (EEA) who remain in the UK for more than six months. Students pay a reduced fee of £150.

A DoH spokeswoman said that NHS hospitals would receive an extra 25% in fees for every procedure they performed for an EEA migrant or visitor with a European Health Insurance Card (EHIC).

Short-term visitors from outside the EEA will be charged 150% of the cost of treatment.

The DoH is also considering pilot scheme that would enable the NHS to recover costs from overseas visitors who use GP services.

Duncan Lewis Immigration Solicitors

Duncan Lewis is a leading firm of immigration solicitors and can advise migrants from the EU and from non-EU countries on their rights under UK immigration law, including access to welfare benefits and NHS treatment.

Duncan Lewis is a leading firm of Legal Aid immigration solicitors and can also advise on:

• Asylum in the UK and asylum appeals
• British citizenship
• Fast-track detention process
• Five-year work permit
• Illegal entry to the UK
• Spouse visas
• Student visas
• Visa overstays

For expert legal advice on UK immigration, contact Duncan Lewis immigration solicitors on 020 7923 4020.