Immigration Corner | Who needs to apply for an immigration surcharge?

Dear Mr Bassie,

W hen applying for a visa, who needs to pay for a healthcare surcharge? I would appreciate any insight that you may be able to offer.

– T.K.

Dear T.K.,

Persons might need to pay a healthcare surcharge (called the ‘immigration health surcharge’ or IHS) as part of the immigration application. Whether they need to pay will depend on the immigration status that they are applying for.

If persons are making the immigration application online, they will pay the surcharge as part of their application or when they book an appointment.

If applying by post, they will need to pay the surcharge online before they send the application, and they will also need to include the IHS reference number on their application form.

Persons can start using the National Health Service (NHS) when both of the following have been completed:

• They have paid the healthcare surcharge (or are exempt from paying it)

• The visa or immigration application is granted

Persons will still need to pay for certain types of services, such as prescriptions, dental treatment, eye tests and assisted conception.

When persons access healthcare in the UK, they may need to:

• Provide their biometric residence permit, if they have one

• Prove their status online using a share code if they have a digital immigration status.

WHO NEEDS TO PAY?

Persons usually need to pay the healthcare surcharge if they are applying for a visa or making an immigration application:

• For more than six months, if they are applying outside the UK

• For any length of time if they are applying inside the UK

Persons do not need to pay if they are applying for a visitor visa or to remain in the UK permanently. Please note persons will still need to pay even if they have private medical insurance.

WHO ONLY NEEDS AN IHS REFERENCE NUMBER?

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

• They are a child under 18 years of age who has been taken into care by a local authority.

• They are a relevant civilian employee at NATO or the Australian Department of Defence in the UK (or they are their dependent).

The service will tell persons that they do not have to pay anything and will give them their healthcare surcharge reference number for their application. Persons will be able to use the NHS even if they are exempt from paying.

WHO DOES NOT NEED TO PAY FOR AN HIS 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 health and care worker who is eligible for a Health and Care Worker visa (or they are their dependent)

• They are applying to the EU Settlement Scheme

• 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 applying for a visa for the Isle of Man or 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 they are their dependent)

• They are a domestic worker who has been identified as a victim of slavery or human trafficking

• They are applying for discretionary leave to remain in the UK as someone who has been identified as a victim of slavery or human trafficking (or they are their dependent)

• The Home Office’s domestic violence concession applies to the applicant (or their dependent)

• Being made to leave the UK would be against their rights under Article 3 of the European Convention of Human Rights (or they are their dependent)

• They are an S2 Healthcare Visitor

• They are eligible for a Frontier Worker permit and have an S1 certificate

Persons 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 they are given the leave.

With respect to visitor visas and short-term visas, persons do not need to pay the surcharge or get an IHS reference number if they are applying for a visitor visa or a visa for six months or less from outside the UK.

Persons will need to pay for any NHS care they get at the point of use, unless it is a service that is free.

All the best.

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, global vice-president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com