Q&As

If a dependant of a Tier 2 (General) migrant is seriously ill but is currently fully independent and able to complete daily activities, would they be entitled to free National Health Service (NHS) treatment and eligible to enroll to the national kidney transplant programme waiting list and would the NHS charge any extra monies other than an immigration health surcharge?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on: 05 December 2018
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As set out in Practice Note: Conditions of permission to enter or stay in the UK, access to NHS services does not fall within the definition of ‘public funds’ (to which Tier 2 dependants do not have Recourse).

In relation to the first question, then, if the Tier 2 dependant has paid the Immigration Health Surcharge—a mandatory part of the Entry clearance application—they can use the NHS as would any other person ‘ordinarily resident’ in the UK. The government

Nick Nason
Nick Nason

Director, Edgewater Legal

Nick is founder and principal lawyer at Edgewater Legal , a firm specialising in immigration solutions for individuals and small companies.

Prior to this Nick was a solicitor and in-house advocate at Luqmani Thompson & Partners (2010-2015), and before this a volunteer at Bail for Immigration Detainees (2009-2010).

In 2016, Nick took a sabbatical and spent time volunteering with the Refugee Legal Aid Program at St. Andrew's Refugee Services (StARS) in Cairo, assisting individuals making initial asylum applications to the UN High Commissioner for Refugees.

Nick regularly writes about immigration law and policy issues for Free Movement , and was funded by the Strategic Legal Fund to provide an analysis of the legality of Operation Nexus , a collaboration between the police and immigration officials aimed at increasing the number of individuals deported from the UK.

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Jurisdiction(s):
United Kingdom
Key definition:
Immigration Health Surcharge definition
What does Immigration Health Surcharge mean?

A surcharge introduced to non-EEA migrants for applications made on or after 6 April 2015 where their total period of leave exceeds six months. The surcharge is a financial contribution to the NHS. Abbreviated to IHS.

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