Guidance

Ways in which people can be lawfully resident in the UK

Outlines ways in which people can be lawfully resident in the UK, in order to support implementation of the overseas visitor hospital charging regulations.

Documents

Details

This guidance is being revised

Following a recent judgment of the Court of Justice of the European Union, the section headed ‘Sufficiency of resource and comprehensive sickness insurance’ is no longer up to date in respect of meeting the comprehensive sickness insurance requirement.

The page is in the process of being updated to reflect the judgment.

Supports NHS organisations to establish whether someone is lawfully resident in the UK. Sets out some of the ways in which a person can lawfully reside in the UK.

Published 1 August 2018
Last updated 23 November 2022 + show all updates
  1. Added a note saying that parts of the guidance are being updated following a judgment of the Court of Justice of the European Union.

  2. Updated document to reflect the Withdrawal Agreement and new immigration system.

  3. Updated document to reflect that the rules on family reunification for people of Northern Ireland are being brought into line with the arrangements currently available to Irish citizens in the UK. Relevant family members of a person of Northern Ireland will, from 24 August 2020, be able to join that family member in the UK without paying the Immigration Health Surcharge. They will also have the opportunity to apply for settled status under the EU Settlement Scheme and if living in the UK with pre-settled or settled status will be entitlement to access NHS secondary care without charge.

  4. Updated with information for EEA/Swiss nationals on accessing healthcare in the UK during the transition period.

  5. Updated with information on implications of Brexit for establishing whether someone is lawfully resident in the UK.

  6. First published.