Immigration Rules Appendix S2 Healthcare Visitor

Immigration Rules for S2 Healthcare Visitors

This route relates to the UK’s exit from the European Union. It is for a person who, before the end of the transition period (11pm on 31 December 2020), had requested authorisation to receive a course of planned healthcare treatment under the S2 route, pursuant to Regulation (EC) No 883/2004.

The person seeking healthcare treatment may be accompanied on this route by another person who is providing care or support during the planned healthcare treatment.

Validity requirements for entry clearance or permission to stay as an S2 Healthcare Visitor

  1. HV 1.1. A person applying for entry clearance as an S2 Healthcare Visitor must apply online on the specified form on the gov.uk website “Apply for an exempt, diplomatic or official visit vignette or S2 Healthcare Visitor visa”.
  1. HV 1.2. An application for entry clearance as an S2 Healthcare Visitor must be made while the applicant is outside the UK and to a post designated to accept such applications.
  1. HV 1.3. A person applying for permission to stay as an S2 Healthcare Visitor must apply on form “Application to extend stay in the UK: FLR(IR)” and must have, or have last held, permission as an S2 Healthcare Visitor.
  1. HV 1.4. An application for entry clearance or permission to stay as an S2 Healthcare Visitor must meet all the following requirements:
    1. (a) the applicant must have provided any required biometrics; and
    2. (b) if the applicant is an EEA citizen they must have provided a passport or valid national identity card which satisfactorily establishes their identity and nationality; and
    3. (c) if the applicant is a non-EEA citizen they must have provided a passport or other travel document which satisfactorily establishes their identity and nationality.
  1. HV 1.5. A person to whom article 5 of the Immigration (Control of Entry Through Republic of Ireland) 1972 Order (“the 1972 Order”) applies, may only apply for permission to stay under this Appendix where that permission is to commence after the end of the 6 month period set out in article 5 of the 1972 Order.
  1. HV 1.6. An application for permission to stay as an S2 Healthcare Visitor must be made by a person:
    1. (a) in the UK; and
    2. (b) who has, or who last had, permission as an S2 Healthcare Visitor.
  1. HV 1.7. An application which does not meet all the validity requirements for an S2 Healthcare Visitor may be rejected as invalid and not considered.

Suitability requirements for an S2 Healthcare Visitor

  1. HV 2.1. Subject to HV 2.2, an application must be refused on grounds of suitability where either of the following apply at the date of the decision:
    1. (a) he applicant is subject to a deportation order or a decision to make a deportation order; or
    2. (b) the applicant is subject to an exclusion order or exclusion decision.
  1. HV 2.2. Where a decision under HV 2.1 relates to conduct committed before 11pm on 31 December 2020, the decision maker must be satisfied that the order or decision is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person (except that in applying this provision for “an EEA decision” read “a decision under HV 2.1 of Appendix S2 Healthcare Visitor”).
  1. HV 2.3. An application may be refused on grounds of suitability if, at the date of decision, the decision maker is satisfied that it is proportionate to refuse the application where:
    1. (a) in relation to the application and whether or not to the applicant’s knowledge, false or misleading information, representations or documents have been submitted (including false or misleading information submitted to any person to obtain a document used in support of the application); and the information, representation or documentation is material to the decision whether or not to grant the application; or
    2. (b) in respect of conduct committed on or before 11pm on 31 December 2020, on grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person (except that in applying this provision for “an EEA decision” read “a decision under paragraph HV 2.3 of Appendix S2 Healthcare Visitor”.); or
    3. (c) in respect of conduct committed after 11pm on 31 December 2020, on the grounds that the presence of the applicant in the UK is not conducive to the public good; or
    4. (d) subject to HV 2.4, the applicant is the subject of an Islands deportation order as defined by paragraph 3(6) of Schedule 4 to the Immigration Act 1971; or
    5. (e) subject to HV 2.4, the applicant is the subject of an Islands exclusion decision which is a direction given by the relevant Minister or other authority in the Islands concerned that the applicant must be refused entry to the Island concerned on the grounds that their presence there would not be conducive to the public good..
  1. HV 2.4. Where a decision under HV 2.3(d) or (e) relates to conduct at or before 11pm on 31 December 2020, the decision maker must be satisfied that the order or decision is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person (except that in applying this provision for “an EEA decision” read “a decision under HV 2.3 of Appendix S2 Healthcare Visitor”).

Eligibility requirements for an S2 Healthcare Visitor

Entry requirements for an S2 Healthcare Visitor

  1. HV 3.1. A person seeking to come to or stay in the UK as an S2 Healthcare Visitor must be a person to whom one of the following applies:
    1. (a) Article 32(1)(b) of the withdrawal agreement; or
    2. (b) Article 31(1)(b) of the EEA EFTA separation agreement; or
    3. (c) Article 26a(1)(b) of the Swiss citizens’ rights agreement.
  1. HV 3.2. A person seeking to come to the UK as an S2 Healthcare Visitor and who is a visa national must apply for and obtain entry clearance as an S2 Healthcare Visitor before they arrive in the UK.
  1. HV 3.3. A person to whom HV 3.2. applies will be refused permission to enter if they do not hold entry clearance as an S2 Healthcare Visitor on arrival in the UK.
  1. HV 3.4. A person who is a non-visa national seeking to come to the UK as an S2 Healthcare Visitor may apply for permission to enter on arrival in the UK.

Financial requirement for an S2 Healthcare Visitor

  1. HV 4.1. The applicant must have access to sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds, including the cost of the return or onward journey.
  1. HV 4.2. The applicant must show funds as specified in Appendix Finance.
  1. HV 4.3. A S2 Healthcare Visitor’s travel, maintenance and accommodation may be provided by a third party where the decision maker is satisfied that they can and will provide support to the S2 Healthcare Visitor for the intended duration of their stay.

Treatment requirement for an S2 Healthcare Visitor

  1. HV 5.1. The course of planned healthcare treatment must have been arranged prior to the applicant’s travel to the UK.

Patient (P) requirement

  1. HV 6.1. Where the applicant is the patient (P) they must provide their valid S2 certificate of entitlement to scheduled treatment.
  1. HV 6.2. Where P is applying for permission to stay for the purpose of completing the course of planned healthcare treatment detailed on their valid S2 certificate of entitlement to scheduled treatment they must provide documentation in accordance with one of the following;
    1. (a) the valid S2 certificate of entitlement to scheduled treatment specified in HV 6.1 which demonstrates that the length of treatment extends beyond the entry clearance granted.
    2. (b) a renewed or extended S2 certificate of entitlement to scheduled treatment which covers the period of the extension sought; or
    3. (c) the valid S2 certificate of entitlement to scheduled treatment specified in HV 6.1. and a letter from the doctor or other health professional providing the treatment in the UK detailing the further treatment required.

Accompanying person (AP) requirement

  1. HV 7.1. Where the applicant is an accompanying person (AP) they must meet one of the following requirements:
    1. (a) AP is, or will be, accompanying the patient (P) to the UK at the time of their entry into the UK, and P is, or will be, an S2 Healthcare Visitor on arrival in the UK; or
    2. (b) P is in the UK as an S2 Healthcare Visitor and AP will be joining P in the UK.
  1. HV 7.2. AP must provide one of the following to demonstrate their relationship with the P:
    1. (a) evidence of P’s permission to enter or permission to stay as an S2 Healthcare Visitor; or
    2. (b) P’s S2 certificate of entitlement to scheduled treatment; and
    3. (c) if P is an EEA citizen, P’s valid national identity card or passport issued by an EEA State and if P is a non-EEA citizen, P’s passport.
  1. HV 7.3. AP must provide evidence that they reside in an EEA State or Switzerland.
  1. HV 7.4. Where AP is applying for permission to stay they must also provide the relevant evidence required in HV 6.2.
  1. HV 7.5. Where, in order to meet the requirements of HV 7.2. to HV 7.4., AP submits a copy (and not the original) of a document, the decision maker can require the applicant to submit the original document where the decision maker has reasonable doubt as to the genuineness of the copy submitted.
  1. HV 8.1. If the applicant is a child at the date of application and is not applying or travelling with a parent or legal guardian who is responsible for their care, the applicant must have consent from:
    1. (a) a parent; or
    2. (b) their legal guardian.
  1. HV 8.2. The consent must confirm support for all of the following:
    1. (a) the application; and
    2. (b) the applicant’s living and care arrangements in the UK; and
    3. (c) if the application is for entry clearance or permission to enter, the applicant’s travel to, and reception arrangements in, the UK.
  1. HV 8.3. If requested, the consent in HV 8.1. must be given in writing.

Decision on application as an S2 Healthcare Visitor

  1. HV 9.1. If the decision maker is satisfied that all the suitability and the relevant eligibility requirements are met for an S2 Healthcare Visitor, the application will be granted, otherwise the application will be refused.

Period and condition of grant for an S2 Healthcare Visitor

  1. HV 10.1. An S2 Healthcare Visitor will be granted permission to enter for up to 6 months.
  1. HV 10.2. An S2 Healthcare Visitor will be granted permission to stay for up to 6 months.
  2. HV 10.3. The grant will be subject to all the following conditions:
    1. (a) no access to public funds; and
    2. (b) no work; and
    3. (c) no study.
    4. (d) DELETED

Cancellation and curtailment

  1. HV 11.1. An S2 Healthcare Visitor’s entry clearance, permission to enter or permission to stay may be cancelled where the decision maker is satisfied that it is proportionate to cancel that entry clearance or permission where:
    1. (a) the cancellation is justified on grounds of public policy, public security or public health, on the basis of the person’s conduct on or before 11pm on 31 December 2020, in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person (except that in applying this provision for an “EEA decision” read “a decision under paragraph HV 11.1 of Appendix S2 Healthcare Visitor”); or
    2. (b) the cancellation is justified on the ground that it is conducive to the public good, on the basis of the person’s conduct after 11pm on 31 December 2020; or
    3. (c) the cancellation is justified on grounds that, in relation to an application made under this Appendix, and whether or not to the applicant’s knowledge, false or misleading information, representations or documents were submitted (including false or misleading information submitted to any person to obtain a document used in support of the application) and the information, representation or documentation was material to the decision to grant the applicant entry clearance, permission to enter or permission to stay under this Appendix; or
    4. (d) they cease to meet the requirements of Appendix S2 Healthcare Visitor; or
    5. (e) they have breached a condition of their permission as set out in HV 10.3. unless entry clearance or further permission was granted in the knowledge of the breach.