# NHS entitlement on a spouse visa



## pjandrachel (Mar 12, 2013)

I have a quick question, I have done some research but the results do contradict each other.
My husband filed for his spouse settlement visa in the usa, on the declaration on the form it states that he will be liable to pay healthcare costs.
Is this true as I thought that as he is on route to settlement in the UK he is entitled to free healthcare.

_"If you move to the UK, you will not be charged for NHS hospital treatment from the date that you arrive, as long as:

you intend to live permanently in the UK, and
you’re legally entitled to live here on a permanent basis"
_
(Quote from 
Am I entitled to NHS treatment when I move to England? - Health questions - NHS Choices )



_If one of the following applies to you then you will be exempt from charges for all of your NHS hospital treatment, except any statutory charges such as prescriptions. 
Anyone who has lived lawfully in the UK for the 12 months prior to treatment. An absence of up to 182 days is allowed but you must have had immigration permission to be in the UK for the full 12 months 
*Anyone taking up*, or resuming, permanent residence in the UK. You must have the right to live here permanently, *or a route to settlement allowing permanent residence in time. You may be asked to show how you have emigrated to the UK* _
( Quote from 
Advice for overseas visitors - The NHS in England - NHS Choices)

He wont be entitled to apply for ILR until 2 and a half years down the line, does he really have to wait until then to be entitled to free healthcare or will he be entitled as soon as he moves here as he is on "route to settlement allowing permanent residence in time"?

Any feedback welcome


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## AmyD (Jan 12, 2013)

I don't know the answer to the question but "hospitalization" doesn't encompass "all healthcare." Reading what you've posted, it sounds like If your husband has a cold, for instance, he might be charged for the doctor visit.

That said, I've read Joppa and others say that if you're on a settlement route, you usually get free healthcare. (Or rather, healthcare that is free at the point of service.)


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## Joppa (Sep 7, 2009)

Hospital treatment is a grey area. While those on family route (e.g. spouse, unmarried partner etc) should be entitled to free in-patient care from the start, others have to wait a year (e.g. dependants of points-based system migrants). You will always get free GP treatment.


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## fsog23 (Aug 20, 2012)

In my experience, the NHS will ask you to prove your eligibility. I received my spouse visa and moved to the UK in Oct. I was also pregnant at the time so it was a priority for me to start receiving antenatal care through the NHS. 

My experience was this:

I registered at my local GP by bringing my passport with spouse visa and filling out an NHS application form. A few days later I received a letter from NHS explaining that only certain people are entitled to free care on NHS (pretty much what you outlined in your original post). They requested I prove my eligibility by sending them specific documents including a copy of:

My husbands British passport
Our marriage certificate 
Joint account statements
Proof of address
And a few other documents I can't recall at the moment

A few days later I received a letter with my NHS number stating that I was approved. The letter did however explain that if my status changes or I leave the UK I may be liable for any medical costs I incurred.


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## Harun (Jan 27, 2013)

I was told that if you're married to a British Citizen and you've been granted settlement in the UK then you'll have the same entitlement as your British husband when it comes to healthcare. I work with a guy who married a Filipino. I'll ask him again today just to be sure.


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## Joppa (Sep 7, 2009)

Harun said:


> I was told that if you're married to a British Citizen and you've been granted settlement in the UK then you'll have the same entitlement as your British husband when it comes to healthcare. I work with a guy who married a Filipino. I'll ask him again today just to be sure.


It's not so much being 'granted settlement' (which can take 5 years) as 'on the route to settlement', such as on spouse visa.


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