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 LexisPSL on 05/12/2018

The following Immigration Q&A produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • 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?

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?

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 website,

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