# IVF on Spousal Visa



## hurrimark (Mar 26, 2014)

Hi there,

My wifes spousal visa was granted in 2015(i'm a UK national) and we have been paying an NHS surcharge. Are we entitled to free IVF treatment on this visa? The hospital haven't said anything to the affect that we are not and haven't checked any documents like passports e.t.c

Thank you very much!


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## clever-octopus (May 17, 2015)

If it's covered under NHS then it will be free. She doesn't have to pay for any treatments covered under NHS; having paid the surcharge, she has the same access as any British citizen


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## hurrimark (Mar 26, 2014)

gov nhs guidance

The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 and Guidance on overseas visitors hospital charging regulations 2017 outline the following services in the NHS which are currently free of charge irrespective of country of normal residence.... family planning services (does not include the termination of pregnancy or infertility treatment)


5.2. Payment of the health surcharge entitles the payer to NHS-funded healthcare on a similar basis as someone who is ordinarily resident. They are entitled to NHS services free at the point of use, including NHS hospital care, with, from 21 August 2017, the exception of assisted conception services (e.g. IVF) (see paragraph 5.16). They must also pay for services for which a UK ordinary resident must also pay, 
such as dentistry and prescriptions in England, unless they also meet the particular 
exemption criteria of those services

Assisted conception services
5.15 Since 21 August 2017, those exempt from charge under Regulation 10 (health surcharge arrangements) or 11 (transitional arrangements) are not exempt from charge in relation to assisted conception services. 
5.16.Assisted conception services are defined in the Charging Regulations as any 
medical, surgical or obstetric services provided for the purpose of assisting a person 
to carry a child. Broadly speaking, this means any medicines, surgery or procedures 
that are required to diagnose and treat infertility so a person can have a child. It 
includes procedures such as intrauterine insemination (IUI), in vitro fertilisation (IVF) 
and egg and sperm donation.

5.23. Where two people are seeking assisted conception services with NHS funding, 
and one of the two people is covered by health surcharge arrangements and the other is ordinarily resident in the UK and therefore not subject to charge, the services required by the health surcharge payer will be chargeable. Any services required by the ordinarily resident person will continue to be freely available, subject to the established local or national commissioning arrangements.

My comment: The last point (5.23) is very odd because with IVF treatment, you are treated as a couple, so I am not sure how any services between the two people can be counted separately...

confusing?


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## nyclon (Apr 3, 2011)

None of this applies. She is not an overseas visitor.


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## Balovh (May 29, 2018)

Hello.iam quite confuse about nhs. Actually my visa granted in 2016 on spouse visa.my hubby has British passport and we paid surcharge with visa process now I'm having problem with infertility nd gyno reffered me for ivf.is this treatment free of cost on spouse visa .please help.


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## Balovh (May 29, 2018)

Please reply.....


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## nyclon (Apr 3, 2011)

Did you read the whole post? clever-octopus answered the question.


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## Balovh (May 29, 2018)

Ok thankss


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## Zubyx (Jun 8, 2018)

hurrimark said:


> Hi there,
> 
> My wifes spousal visa was granted in 2015(i'm a UK national) and we have been paying an NHS surcharge. Are we entitled to free IVF treatment on this visa? The hospital haven't said anything to the affect that we are not and haven't checked any documents like passports e.t.c
> 
> Thank you very much!


Yes it is covered


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## Snooky1979 (Aug 20, 2015)

Zubyx said:


> Yes it is covered


I have the same problem, I went to my gynaecologist, he said that if you haven't had a child from the past and this will be your first child then you get free IVF treatment.


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## Balovh (May 29, 2018)

Thank u so much .yeah this is my first child .I was too worry.now I'm feeling really relax.


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## Balovh (May 29, 2018)

Hello.were u granted for ivf.today I had oppointment nd they stoped my file nd told me that thy will make confirm from home office for funding becous3 husband has ILR and I'm on spouse visa.


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## val1986 (Feb 14, 2019)

hurrimark said:


> Hi there,
> 
> My wifes spousal visa was granted in 2015(i'm a UK national) and we have been paying an NHS surcharge. Are we entitled to free IVF treatment on this visa? The hospital haven't said anything to the affect that we are not and haven't checked any documents like passports e.t.c
> 
> Thank you very much!



Ca I ask you what happened in the end? A friend is going something similar (she is British and husband is on a spouse visa) and after months of analysis and being cleared to start with the process, they cancelled it on the basis of his husband's visa not being eligible.


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## LMH71 (Jan 2, 2019)

val1986 said:


> Ca I ask you what happened in the end? A friend is going something similar (she is British and husband is on a spouse visa) and after months of analysis and being cleared to start with the process, they cancelled it on the basis of his husband's visa not being eligible.



Does her husband have children from a previous marriage? Does she have any children from a previous marriage. I've heard them cancel the IVF based on the husband having children from a previous marriage. They are penny pinching these days on the NHS so if they can find a loop hole for not wanting to pay for something they will simply find the loop hole and tell you to go screw yourself. Been there done that with some back injections.


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## val1986 (Feb 14, 2019)

LMH71 said:


> Does her husband have children from a previous marriage? Does she have any children from a previous marriage. I've heard them cancel the IVF based on the husband having children from a previous marriage. They are penny pinching these days on the NHS so if they can find a loop hole for not wanting to pay for something they will simply find the loop hole and tell you to go screw yourself. Been there done that with some back injections.



No, neither of them has children. They've been with this process for almost a year, they've undergone tones of tests and appointments, which they finished last week with the doctors giving them the green light and telling them they will start with IVF within weeks (high hopes as you can imagine) - after which they came back to say "we are cancelling because your husband does not qualified due to his visa". She is already 37, so if they need to wait until her husband has finished the 5 year visa and is able to get the residency, she will be over 40. It doesn't count at all the fact that SHE IS BRITISH?
I'm so heart broken and is not even me going through it.


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## LMH71 (Jan 2, 2019)

val1986 said:


> No, neither of them has children. They've been with this process for almost a year, they've undergone tones of tests and appointments, which they finished last week with the doctors giving them the green light and telling them they will start with IVF within weeks (high hopes as you can imagine) - after which they came back to say "we are cancelling because your husband does not qualified due to his visa". She is already 37, so if they need to wait until her husband has finished the 5 year visa and is able to get the residency, she will be over 40. It doesn't count at all the fact that SHE IS BRITISH?
> I'm so heart broken and is not even me going through it.



Sounds to me like that's a ******** excuse, your friend should basically say that she is going to get herself an lawyer and sue them. Basically AS LONG as her husband has payed his NHS fee there isn't anything they can do. Being British she should qualify for IVF regardless if her partner is a permanent resident or not. He's payed his NHS fee and is here legally. Now if he's here illegally that's another story. Personally I'd threaten to sue them and see where that gets them. ALSO TURN THEM INTO THE OMBUDSMEN. That gets there attention. Trust me on that I've turned a whole slew of these incompetent dip**** doctors into the BMA as well. Sounds to me like there screwing with your friend and using a lame excuse. If it were me I'd engage the ombudsmen immediately and have them mediate this case. Your friend is getting screwed over by whoever is paying the cash. They don't wanna pay for IVF on the NHS read tons of articles about that one.


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## LMH71 (Jan 2, 2019)

val1986 said:


> No, neither of them has children. They've been with this process for almost a year, they've undergone tones of tests and appointments, which they finished last week with the doctors giving them the green light and telling them they will start with IVF within weeks (high hopes as you can imagine) - after which they came back to say "we are cancelling because your husband does not qualified due to his visa". She is already 37, so if they need to wait until her husband has finished the 5 year visa and is able to get the residency, she will be over 40. It doesn't count at all the fact that SHE IS BRITISH?
> I'm so heart broken and is not even me going through it.



https://www.nhs.uk/conditions/ivf/ that's the criteria if they've met those and doctors wanted to proceed then she can take it up with the ombudsmen actually they hate you turning them into the ombudsmen because they get in trouble.

https://www.ombudsman.org.uk/ - she needs to file a complaint and if they don't resolve it, then she can take it up with these people. If she wants her IVF she is going to have to fight for it. Theres no legal reason she shouldn't be allowed to have the process being that they've done all the testing up now. i'd highly suggest she at least talk to the ombudsman about this issue.


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## LMH71 (Jan 2, 2019)

val1986 said:


> No, neither of them has children. They've been with this process for almost a year, they've undergone tones of tests and appointments, which they finished last week with the doctors giving them the green light and telling them they will start with IVF within weeks (high hopes as you can imagine) - after which they came back to say "we are cancelling because your husband does not qualified due to his visa". She is already 37, so if they need to wait until her husband has finished the 5 year visa and is able to get the residency, she will be over 40. It doesn't count at all the fact that SHE IS BRITISH?
> I'm so heart broken and is not even me going through it.



Ive had to fight with the doctors about my back issues from the get go, took me 4 trips to the A&E, my bladder shutting down and a few other happy things before there happy asses finally started listening to me. you have to be pretty much damn near dead or dying before they do anything on the nHS for you.


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## val1986 (Feb 14, 2019)

LMH71 said:


> val1986 said:
> 
> 
> > No, neither of them has children. They've been with this process for almost a year, they've undergone tones of tests and appointments, which they finished last week with the doctors giving them the green light and telling them they will start with IVF within weeks (high hopes as you can imagine) - after which they came back to say "we are cancelling because your husband does not qualified due to his visa". She is already 37, so if they need to wait until her husband has finished the 5 year visa and is able to get the residency, she will be over 40. It doesn't count at all the fact that SHE IS BRITISH?
> ...


Thanks for the links, I will have a look and let her know. I think they are ready to give a fight and I'm hoping to help them out with anything I can


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## val1986 (Feb 14, 2019)

LMH71 said:


> val1986 said:
> 
> 
> > No, neither of them has children. They've been with this process for almost a year, they've undergone tones of tests and appointments, which they finished last week with the doctors giving them the green light and telling them they will start with IVF within weeks (high hopes as you can imagine) - after which they came back to say "we are cancelling because your husband does not qualified due to his visa". She is already 37, so if they need to wait until her husband has finished the 5 year visa and is able to get the residency, she will be over 40. It doesn't count at all the fact that SHE IS BRITISH?
> ...


When it comes to back problemsni hear you... Been having a long process just to get 4 sessions of 20 mins of water therapy... As if that would help chronic pain 🤣


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## drsumitasofat (Feb 15, 2019)

IVF is not legal in some of the countries so you must visit the country after verifying about IVF centre.


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## LMH71 (Jan 2, 2019)

val1986 said:


> When it comes to back problemsni hear you... Been having a long process just to get 4 sessions of 20 mins of water therapy... As if that would help chronic pain 🤣



If they've got you on long term pain killers and pills they basically doubled all my medicine when I moved over here from the states. I blacked out and passed out. That's when I finally threatened to sue the whole god damn organization for incompetency in not knowing I didn't need blood pressure medicine because they never checked my blood pressure, I took all the pills they had me on and threw them in the trash. I basically restarted on a dose of medicines that I had when I was living in the USA. Then I added a few pills and took away a few pills I've finally stabilized. Its pretty damn sad I have to doctor myself. I've been to neurosurgeons who don't even exam you and you've payed them for the appointment. NHS for the most part is a bunch of worthless idiots as far as I can tell. Every doctor bar 2 that Ive met are mostly morons that can't tell you what the hell is wrong with you. then they wonder why people get worse and worse before they do anything. Took my bladder shutting down before they finally did something. When I went back into the A&E that time I said now that I can't use my bodily functions are you going to do something. They snapped right to then. I basically said if you don't figure out whats wrong with me now I've got a nice lawyer on standby and I'm going to sue you for everything this crappy ass hospital is worth.

I had 8 sessions of hydrotherapy done privately and it was quite good on the back actually. Not sure why they aren't promoting more of that type of work tbo. I've gone to an all natural route to cure my pain. Finally my pain levels have stabilized. I'm mostly off pain killers now except for the occasional one when I'm in a lot of pain. THey were giving me 400 Tramadol a month to combat the pain. Come to find out the pain killers were weakening my back muscles more so than doing me any good. Need any suggestions let me know. I've gotten to the point I've thrown most of the crappy ass medicine they give me out the door and I've gone all natural routes and found more that works that way. I've got an excellent pain amangement doctor who knows his job.


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