Guidance

Special visitor, private medical treatment: VAT07

Published 9 November 2013

This guidance was withdrawn on 24 April 2015

This document is no longer current.

1. VAT7.1 What are the key requirements for applicants seeking private medical treatment in the UK?

The applicant must:

• meet the requirements of the visitor rules - paragraph 41(iii) to (vii), (ix) to (x) and (xii), and
• the requirements of paragraph 51 of the Rules.

The main points that the ECO must be satisfied about are:

• that the applicant is genuinely seeking entry for the purpose of receiving private medical treatment;
• that the applicant does not intend to seek free treatment under the NHS (except for cases where the Department of Health has specifically authorised NHS treatment);
• that the treatment is of a finite duration, for example, fertility treatment could go on for years without success and in such cases it is acceptable, with the applicant’s consent, to approach the consultant to ask about the likelihood of eventual success;
• that the applicant intends to leave the UK after the treatment;
• that the applicant does not represent a danger to public health;
• show that satisfactory arrangements have been made for the consultation or treatment at their own expense; and
• that the applicant can show that sufficient funds are available in the UK to meet the estimated costs, and an undertaking to do so has been produced. If the applicant is dependent upon funds from abroad they should be asked to prove that the funds are transferrable as certain countries operate strict controls.

The ECO has discretion to waive the requirement for evidence that arrangements for treatment have been made where they are satisfied about the means and intention to visit for private medical treatment, and to leave at the end of it.

The ECO should contact the consultant or hospital in the UK if they have doubts about the given costs or arrangements for private treatment.

2. VAT7.2 How do I check the bona fides of a doctor in the UK?

To check if a doctor is registered with the General Medical Council (GMC) a search can be made on the List of Registered Medical Practitioners. This will also show if the doctor is on the Specialist Register (but not which hospital they work at). Where there is doubt, contact the hospital directly to confirm the doctor is a consultant there.

3. VAT7.3 What do I do if I think the applicant represents a danger to public health?

Refer all applicants who may have a communicable disease, or who suffers , or appears to suffer, from a serious illness or disability, whatever the reason for their visit, for medical clearance.

4. VAT7.4 Deferring applications

Occasionally, the ECO may need to refer a decision on an application pending guidance from UK Border Agency. For example:

• if an applicant has a history of mental illness or suffers from a chronic complaint and is likely to need hospital treatment;
• if it is unclear whether the applicant is ‘ordinarily resident’ in the UK and is therefore eligible for free National Health Service (NHS) treatment.

The deferral should be made on the referral / deferral pro forma and should clearly state what guidance you need and include comprehensive information, documentary evidence and if relevant, a full medical report. UK Border Agency will liaise with the Department of Health as appropriate.

5. VAT7.5 Can medical visitors extend their stay in the UK?

Medical visitors can stay in the UK for a maximum of six months. But UK Border Agency may agree to an extension of stay where the person still meets the requirements of the Immigration Rules. And if they provide evidence from a registered medical practitioner, who holds a NHS consultant post or who appears in the Specialist Register of the General Medical Council, of satisfactory arrangements / likely duration / evidence of progress of the consultation or treatment.

6. VAT7.6 What about a medical visitor who applies to return to the UK to continue private medical treatment?

Where a bona fide applicant applies to return to the UK to continue private medical treatment after a previous stay for the same purpose, no account need be taken of the normal 6 month time limit for visitors as set out in paragraphs 54 and 55 of the Rules.

7. VAT7.7 What is the visa endorsement for visitors seeking private medical treatment?

C: MEDICAL TREATMENT: LTE 6 MONTHS, CODE 3

8. VAT7.8 Examples of refusal wording

Wording for refusals: Section 1 - 5 can be downloaded on this guidance page).

back to top

9. VAT7.9 Do visitors seeking private medical treatment have full rights of appeal?

No.

10. VAT7.10 Are visitors entitled to NHS treatment?

The Immigration Rules do not provide for persons to be granted leave for the sole purpose of receiving free treatment under the NHS. Eligibility for free NHS treatment is based on ordinary residence in the UK.

Overseas nationals are not eligible for free NHS treatment except if they need emergency treatment or have an accident whilst in the UK. Further details are in the Department of Health guidance to overseas visitors.

Visitors are strongly recommended to take out travel insurance to cover medical expenses. Any person applying for a visa to obtain NHS treatment should normally be refused. But see the section on the NHS quota scheme below.

11. VAT7.11 What is the NHS quota scheme?

Any person applying for a visa to obtain NHS treatment should normally be refused unless they are a national of a country which is eligible under the special NHS quota scheme for NHS treatment. This allows up to four people each year to come to the UK for free NHS treatment where their own country does not have adequate facilities to provide the treatment needed.

Nationals only from the following countries are entitled to go to the UK for NHS treatment under the NHS quota scheme:

Anguilla, Armenia, Azerbaijan, Belarus, Bosnia, British Virgin Islands, Channel Islands, Croatia, Falkland Islands, Georgia, Gibraltar, Isle of Man, Kazakhstan, Kirgizstan, Macedonia, Moldova, Montserrat, Montenegro, Serbia, St Helena, Tajikistan, Turkmenistan, Turks and Caicos Islands, Ukraine, Uzbekistan.

For those coming under the NHS quota scheme the ECO needs to see evidence that proper arrangements have been made, for example, a letter from a UK hospital confirming that the Department of Health have accepted the applicant under the scheme, or a letter from the Department of Health confirming that treatment has been agreed.

12. VAT7.12 What is the visa endorsement for visitors seeking medical treatment under the NHS quota?

C: MEDICAL TREATMENT: LTE 6 MONTHS, CODE 3

13. VAT7.13 Guide to National Health Service charges to overseas visitors

The guide to overseas visitors is published on the Department of Health website.

14. VAT7.14 Surrogacy

There is no provision in the Immigration Rules for a woman to be admitted for the purpose of being a surrogate mother.

Admission as a visitor under the Immigration Rules to act as a surrogate mother is inappropriate given the 6 month limit, as is admission as a Special Visitor - private medical treatment since the applicant would not be suffering from any medical condition.

An application of this kind is likely to involve particularly difficult compassionate circumstances. However, because of the complex legal and difficult ethical and practical problems which may arise, the Government does not operate a concession outside the Rules to enable women to come to the UK for this purpose. Any application from a woman to enter the UK to act as a surrogate should normally be refused on the grounds that there is no provision in the Rules.

15. VAT7.15 Organ donors

This should be under general visitor and not private medical treatment.

Applicants who wish to donate an organ and the recipient is undergoing private medical care or treatment, in such cases they will need to be assessed under the provisions of the private medical visitor rules.

Applicants from those wishing to donate an organ where the sponsor is undergoing NHS treatment must meet the general visitor rules and include in their application a letter from the NHS authority supporting their application. These applications must be referred immediately to Referred Casework Unit (RCU).

Applications where the sponsor is resident in the channel Islands or the Isle of Man must be referred to the appropriate Island for consideration.