Legal News

NHS rules have changed for non- EU migrants coming to Britain. As from 6th April 2015 all new UK immigration applications for entry clearance or leave to remain will be subject to a new “health surcharge”.

The health surcharge is £150 per year for students and £200 per year for all other types of applications. This charge is payable upfront and covers the total period of time for which an individual is granted permission to stay in the UK for. This charge is also payable for each dependant as well as the main applicant.

Where will the money from the charge go to?

The government has targeted to recoup up to £1.7 billion over the next ten year period to help pay for the cost of NHS treatment given to temporary migrants. The money collected by the Home Office will be directed over to health departments in England, Wales, Scotland and Northern Ireland.

Having paid the surcharge, an individual will have the same access to the NHS as a UK permanent resident throughout their lawful stay in the UK. Non-EEA nationals visiting the UK on a tourist visa will not pay the health surcharge, but will continue to be fully liable for the costs of any NHS treatment that they may receive.

Liability for the charge

Liability for the charge is as follows:

• All applications for entry clearance other than visits of 6 months or less are liable for the charge.

• Also liable are all applications from within the UK for any period of time other than indefinite leave to remain.

If an application for indefinite leave to remain is made but limited leave is granted, the surcharge will become payable and the Home Office will contact the applicant.

Are there any exemptions for the charge?

There are a number of exemptions for the charge, these are as follows:

• Individuals who are nationals of EEA countries and their family members exercising treaty rights

• Individuals who are nationals of Australia and New Zealand

• Tier 2 (Intra-company Transfer) visa (and dependents)

• Children under 18 who has been taken into care by a local authority

• Individuals who are a dependents of a member of the UK’s armed forces

• Diplomat or a member of a visiting armed forces and not subject to immigration control

• Individuals who are dependent of a member of another country’s forces who is exempt from immigration control

• Relevant civilian employee employed by North Atlantic Treaty Organisation (NATO) or the Australian Department of Defence in the UK (or their dependent)

• Individuals applying for a visa for the Isle of Man or Channel Islands

• British Overseas Territory citizen resident in the Falkland Islands

• Asylum seeker or applying for humanitarian protection (or you’re their dependent)

• Individuals identified as a victim of human trafficking (or their dependent)

• Home Office’s domestic violence concession applies (or their dependent)

• Article 3 protection cases and their dependents

• Where destitute and within the policy on being exempt from paying the fee for an immigration application

Duncan Lewis Immigration Solicitors

Duncan Lewis is one of the UK’s leading private and business immigration solicitors and can advise migrants from the EU and from non-EU countries on a wide range of UK immigration matters, including:

• British citizenship

• Entrepreneur visas

• Fast-track detention process

• Five-year work permits

• Housing Benefit

• Illegal entry to the UK

• Marriage in the UK

• Student visas

• Visa overstays.

Duncan Lewis UK Immigration Solicitors may be able to handle your UK Immigration Visa matter on a no win no fee basis. For a free initial telephone consultation and expert legal advice on UK immigration law, call Duncan Lewis UK immigration solicitors directly on 020 311 41198 or email at businessimmigration@duncanlewis.com.

For urgent legal help with immigration – including fast-track detention – call the Duncan Lewis Emergency Hotline on 020 7275 2036, where an accredited immigration solicitor is available 24/7