Guidance

NHS entitlements: migrant health guide

Advice and guidance for healthcare practitioners on the health needs of migrant patients.

Main messages

Coronavirus (COVID-19) testing and treatment

Overseas visitors to England, including anyone living in the UK without permission, will not be charged for:

  • testing for coronavirus (even if the test shows you do not have coronavirus)
  • treatment for coronavirus

No immigration checks are needed if you only have testing or treatment for coronavirus

Translated advice and guidance for the public:

The Mayor of London and London Assembly

Doctors of the World have also provided translated resources informed by government and NHS advice.

The International Organization for Migration (IOM) has set up the COVID-19 Migrant Information Service, an online platform that provides multilingual information on COVID-19 measures and support in the UK context. The aim is to support migrants who may face linguistic barriers in navigating complex information. The information is initially available in five languages – English, Spanish, Portuguese, Arabic and Romanian – and relates to 5 important areas of everyday life that have been significantly impacted by the COVID-19 emergency: health, employment, benefits, housing, and immigration.

Find health information and advice about COVID-19 on the NHS website.

Learn about the government response to COVID-19 on GOV.UK.

Many migrants will come from countries with very different health care systems to the UK. It can help to:

  • explain to new patients how the NHS operates
  • explore with them how this compares to the healthcare system that they’ve been used to

Introduction

This guidance is about NHS entitlements in England.

The Scottish Government has published separate guidance on overseas visitors’ liability to pay charges for NHS care and services.

Further information is also available regarding health services for overseas visitors in Wales.

Free services

GP and nurse consultations in primary care, treatment provided by a GP and other primary care services are free of charge to all, whether registering as an NHS patient, or as a temporary patient, which is when the patient is in the area for more than 24 hours and less than 3 months.

For secondary care services, the UK’s healthcare system is a residence-based one, which means entitlement to free healthcare is based on living lawfully in the UK on a properly settled basis for the time being.

The measure of residence that the UK uses to determine entitlement to free NHS healthcare is known as ‘ordinary residence’. This requires non-EEA nationals subject to immigration control to also have the immigration status of indefinite leave to remain.

Individuals who are not ordinarily resident in the UK may be required to pay for their care when they are in England. However, some services and some individuals are exempt from payment.

The National Health Service (Charges to Overseas Visitors) Regulations 2015 and Guidance on overseas visitors hospital charging regulations 2015 outline the following services in the NHS which are currently free of charge irrespective of country of normal residence (as long as the overseas visitor hasn’t travelled to the UK for the purpose of seeking that treatment):

  • accident and emergency services, including all A&E services provided at an NHS hospital, for example, those provided at an A&E department, walk-in centre, minor injuries unit or urgent care centre. This does not include those emergency services provided after being admitted as an inpatient, or at a follow-up outpatient appointment, for which charges must be levied unless the overseas visitor is exempt from charge in their own right
  • services provided for the diagnosis and treatment of a number of communicable diseases, including HIV, TB and Middle East Respiratory Syndrome (MERS) (see regulations for exact list)
  • COVID-19 has been added to the regulations, which also means that NHS services provided for its investigation, diagnosis and treatment are free of charge
  • services provided for the diagnosis and treatment of sexually transmitted infections
  • family planning services (does not include the termination of pregnancy or infertility treatment)
  • services for the treatment of a physical or mental condition caused by torture, female genital mutilation, domestic violence, or sexual violence
  • palliative care services provided by a registered palliative care charity or a community interest company
  • services that are provided as part of the NHS111 telephone advice line

The following groups are exempt from charge:

  • refugees (those granted asylum, humanitarian protection or temporary protection under the immigration rules) and their dependents
  • asylum seekers (those applying for asylum, humanitarian protection or temporary protection whose claims, including appeals, have not yet been determined) and their dependents
  • individuals receiving support under section 95 of the Immigration and Asylum Act 1999 (the 1999 Act) from the Home Office
  • those whose application for asylum was rejected, but they are supported:
    • under section 4(2) of the Immigration and Asylum Act 1999 by the Home Office
    • by a local authority under section 21 of the National Assistance Act 1948
    • under Part 1 (care and support) of the Care Act 2014
  • children looked after by a local authority
  • victims, and suspected victims, of modern slavery or human trafficking, as determined by the UK Human Trafficking Centre or the Home Office, plus their spouse or civil partner, and any children under 18 provided they are lawfully present in the UK
  • those receiving compulsory treatment under a court order, or who are liable to be detained in an NHS hospital or deprived of their liberty (for example, under the Mental Health Act 1983 or the Mental Capacity Act 2005) are exempt from charge for all treatment provided, in accordance with the court order, or for the duration of their detention
  • prisoners and immigration detainees

There may also be exceptional humanitarian reasons where the secretary of state can determine that exemption from charges for relevant services is justified. This exemption also applies to their child and/or companion who is authorised to travel with them, for whom the exemption is limited to treatment that cannot await their return home.

Individuals who are covered by reciprocal healthcare agreements, who hold a European Health Insurance Card or who have paid the immigration health surcharge may also be exempt from payment for certain services. For further exemptions and information, see NHS.UK and Guidance on overseas visitors hospital charging regulations 2017.

Services in Scotland

Practitioners in Scotland can refer to the National Health Service (charges to overseas visitors) (Scotland) regulations 1989.

GP services

Anyone in England can register and consult with a GP without charge.

GPs are self-employed and have contracts with NHS England to provide services for the National Health Service.

An application to join a practice may only be refused if the practice has reasonable grounds for doing so, but a practice cannot refuse an application on the grounds of:

  • race
  • gender
  • social class
  • age
  • religion
  • sexual orientation
  • appearance
  • disability
  • medical condition

The practice will ask the patient to complete a GMS1 form as part of their application to register with a practice, and those who are not ordinarily resident in the UK will be requested to complete supplementary questions to indicate details of their valid non-UK EHIC/S1 form (if applicable) or if, where known, they consider themselves to be exempt from charge or chargeable for NHS secondary care services (should these be needed).

GP practices are not required to request any proof of identity or of immigration status from patients wishing to register. Some GP practices will, however, ask to see proof of identity with the patient’s name and date of birth, such as:

  • passport
  • driving licence
  • application registration card (ARC)
  • IS96 or a Home Office letter

and proof of address, such as:

  • a recent utility bill (gas, electricity, water or landline phone bill)
  • council tax bill

NHS guidance clearly outlines that a practice cannot refuse a patient because they do not have identification or proof of address.

Where a patient applies to register with a general practice and is subsequently turned down, the GP must nevertheless provide, free of charge, any immediately necessary treatment that is requested by the applicant for a period of up to 14 days (this can vary according to circumstances).

If a GP practice refuses to register a patient the practice must notify the applicant, in writing, of the refusal and the reason for it, within 14 days of its decision.

The Standard General Medical Services Contract and the National Health Service (General Medical Services Contracts) regulations 2004 explain this requirement.

Where a person has difficulty in registering for National Health Services with a primary medical services contractor, they can contact:

These services can discuss what help is available locally.

If a person goes to a GP for treatment whilst visiting the UK and is treated as a private patient then any prescription would also be private and would have to be paid for privately.

If a GP accepts a person as an NHS patient (either full or temporary) and gives the patient an NHS prescription (FP10) then normal charging rules apply.

Immigration health surcharge for non-European Economic Area nationals

From 6 April 2015, non-EEA nationals need to pay a health surcharge when applying for a visa to stay in the UK for over 6 months, unless they are exempt.

Those who have paid the surcharge (or who are exempt from having to pay it or have had the requirement waived) can use the NHS on a similar same basis as an ordinarily resident person while their visa remains valid, although they still need to pay for certain services, including prescriptions, dental treatment, and assisted conception services.

The surcharge is £300 per year for students and those on Youth Mobility visas and £400 per year for all other visa and immigration applications. Dependents have to pay the same amount.

Some exemptions exist for people who do not need to pay the surcharge, including those:

  • seeking asylum or applying for humanitarian protection (or their dependents)
  • identified as a victim of human trafficking (or their dependents)
  • applying for indefinite leave to remain
  • who the Home Office’s domestic violence concession applies to (or their dependents)
  • where being made to leave the UK would be against their rights under Article 3 of the European Convention of Human Rights (or their dependents)

Individuals who have a visitor visa and those with a visa for under 6 months need to pay for any healthcare at the point of use unless an exemption from charge category applies.

See the Pay for UK healthcare as part of your immigration application page for a full list of exemptions and further information.

Hospital treatment

Hospital treatment is free to people classed as ordinarily resident in the UK. This is not dependent on nationality, payment of UK taxes, National Insurance contributions, being registered with a GP, having an NHS Number, or owning property in the UK. To be considered ordinarily resident, you must be living in the UK on a lawful and properly settled basis for the time being.

Since 6 April 2015, non-EEA nationals who are subject to immigration control must have the immigration status of indefinite leave to remain (ILR) at the time of treatment and be properly settled, to be considered ‘ordinarily resident’.

However, if you are a family member of an EEA national who is resident in the UK, you may not be subject to immigration control, even though you yourself are from outside the EEA. For more information about applying to join family living permanently in the UK, visit GOV.UK.

Some people who are not considered ordinarily resident in the UK (‘overseas visitors’) may be exempt from charges for NHS hospital treatment under the current regulations.

All other patients are charged for treatment, except for treatment that is free to all. Payment is required in full and in advance of treatment where clinicians consider the need for treatment to be non-urgent (i.e. it can wait until the patient can reasonably be expected to return to their country of residence). Where clinicians consider the patient’s need to be immediately necessary or urgent, treatment will be provided even if the patient has not paid in advance, in which case payment will be sought from the patient afterwards.

Prescription charges can apply for out-patient or day patient treatment.

The legal duty to assess patients on their eligibility for hospital treatment lies with the NHS body providing treatment. Most hospitals have Overseas Visitors Managers or their equivalents to do this assessment. They make their assessments in line with the Charging Regulations and based on evidence provided by the patient.

Patients should expect to be asked to prove that they are entitled to free NHS Hospital Treatment. As of 23 October 2017, all NHS trusts and NHS foundation trusts are required to record when a person is an overseas visitor (such as not ordinarily resident in the UK) against their NHS number. From 6 April 2015, individuals living outside the EEA will be charged 150% of the cost of NHS treatment for any care they receive, unless they are exempt.

For more information see:

Dental treatment

As with primary medical care, dentists providing NHS care are self-employed contractors with NHS England.

They cannot turn down an applicant for NHS treatment on the grounds of:

  • race
  • gender
  • social class
  • age
  • religion
  • sexual orientation
  • appearance
  • disability
  • dental condition

In applying to become an NHS patient of a particular dental practice, there is no formal requirement to prove identity or immigration status.

Where a person has difficulty in finding a dentist willing to provide them with NHS dental care, they can contact:

NHS dental charges are levied on all those who are taken on as NHS patients, unless:

  • the treatment is free (certain NHS dental treatments are free)
  • the patient is exempt or partially exempt from charges on the grounds of age, pregnancy, or income

Eligibility for dental secondary care is as per general eligibility for NHS medical treatment in hospitals (see hospital treatment).

Further information about dental care is available from NHS.UK.

Special groups

For further information about the entitlements of particular groups, see Information for those visiting or moving to England.

Refused asylum seekers

Registration with primary care in England, Wales and Scotland applies to refused asylum seekers as for any other patient regardless of immigration status.

In Scotland and Wales, asylum seekers and refused asylum seekers are entitled to free secondary health care on the same terms as any other ordinary resident.

In England, only those refused asylum seekers who receive section 4(2) from the Home Office or section 21 support from a local authority or support under Part 1 (care and support) of the Care Act 2014 are entitled to free secondary health care.

However, all refused asylum seekers can continue, free of charge, with any course of treatment already underway before their application was refused. For new courses of treatment, treatment that clinicians consider is needed immediately or urgently (before able to leave the UK) will be provided even if payment is not made in advance of treatment and arrangements for payment can be discussed with the hospital. Maternity care will always be provided, even when charges apply.

Refused asylum seekers can be registered with a GP and receive free primary care services and, where NHS hospital treatment (secondary care) is needed, accident and emergency services are free as is the diagnosis of infectious diseases (even if there is a negative result) and treatment of those diseases, if positive. The treatment of certain types of violence (such as a consequence of sexual violence) is also free of charge. For more information see:

Visitors from reciprocal healthcare agreement countries and the European Economic Area (EEA)

People who are visiting the UK from a country which has a bilateral healthcare agreement with the UK are exempt from charges for some NHS hospital treatment in the UK.

To see what level of cover is provided see NHS.UK.

There will be no changes to healthcare access for residents from the EU, Iceland, Liechtenstein, Norway and Switzerland who visit the UK before the end of 2020.

People from EEA member states and Switzerland are exempt from charge for treatment that becomes medically necessary during their stay, including treatment for chronic conditions, including routine monitoring. They must show a valid European Health Insurance Card (EHIC) or a Provisional Replacement Certificate to receive free care.

Pre-planned treatment is not included free of charge without special, prior arrangement. Residents of EEA member states should speak to the authorities in their home country if they wish to come to the UK specifically to receive treatment.

See: information for EEA visitors

Data sharing

Health professionals will not usually share personal medical data, even if requested by other government agencies, as this is likely to be a violation of a health professional’s obligations under the Data Protection Act and patient confidentiality.

Personal data, for example, name, address or medical details, will only be shared with other bodies when consent is given or under circumstances of legal necessity. These circumstances are strictly controlled by data protection law, which includes a legal duty to communicate what data is being shared, and when.

The NHS can, however, seek information from the Home Office about a person’s immigration status to inform an assessment of eligibility for free NHS treatment, for example, whether a person is in the process of seeking asylum. They must also share non-clinical information about overseas visitors with NHS debts with the Home Office (for services provided on or after 6 April 2016) if the debt is £500 or more and has been unpaid for 2 months or more. Overseas visitors should be informed:

  • that information may be disclosed to the Home Office if the patient does not pay for any treatment received
  • that this debt may affect a future immigration application

The Department of Health and Social Care, the Home Office and NHS Digital continue to work together to agree how future information requests will be processed.

Resources

Patients can apply to the NHS low income scheme for help with health costs.

See ‘HC11: help with health costs’ information available in several languages.

A full help HC2 certificate (which includes free NHS prescriptions) can be applied for using the HC1 form, which is available to order online, from Jobcentre Plus offices or most NHS hospitals.

HC1 forms are also available to order by phone: 0300 123 0849.

Use this number for help or any questions about filling out the form. An interpretation service is available for patients who don’t speak English.

See ‘Get help with health costs’ on NHS.UK.

The Immunisation information leaflet is for anyone who has moved to the UK and advises migrants on the need to register with a GP to get up to date with their routine vaccinations.

Maternity Action has information on maternity rights and benefits for migrants, asylum seekers and refugees.

The Equality and Human Rights Commission has produced guidance on asylum seekers’ entitlements to healthcare and case studies of good practice.

The British Medical Association has produced an asylum seeker and refugee health resource for medical practitioners to help them understand asylum seekers’ and refugees’ health needs and how to overcome common barriers.

NHS Inform factsheets include information about access to NHS services in Scotland for asylum seekers, refugees and those coming to Scotland to work and study. The factsheets are available in a number of languages.

Videos about how to use the NHS in England produced by the BHA, are available on Youtube in:

  • English
  • Arabic
  • Cantonese
  • Farsi/Dari
  • French
  • Kurdish
  • Mandarin
  • Polish
  • Somali
  • Sylheti
  • Urdu

Department of Health and Social Care (DHSC) Questions to ask: getting the most out of your appointment leaflet is available from the UK government web archive in:

  • English
  • Arabic
  • Bengali
  • French
  • Gujarati
  • Polish
  • Portuguese
  • Punjabi
  • Somali
  • Spanish
  • Urdu

The Patient Advice and Liaison Service (PALS) offers confidential advice, support and information on health-related matters, and provides a point of contact for patients, their families and their carers.

NHS.UK provides advice and information about health issues to members of the public.

Healthy London Partnership in partnership with Healthwatch London and [Groundswell](https://groundswell.org.uk/what-we-do/resources/healthcare-cards/ has produced ‘My right to access healthcare’ cards to help adults who are homeless or have no fixed address register and receive treatment at GP practices.

Doctors of the World UK and the University of Sheffield have created migrant.health, a user-centred, practical online resource and community that can be used to help adapt primary care services to meet the needs of new migrants.

Doctors of the World UK has launched a ‘Safe Surgeries’ Initiative to help GP practice staff provide a safe and accessible services to everyone in their community without increasing workload. Becoming a safe surgery equips surgeries with access to training, resources and a supportive national network.

The Home Office has produced guidance for asylum seekers staying in temporary accommodation while their claim for asylum is assessed in a range of languages. The guide relates to the service provided under the new contracts which come into place between 1 July and 1 September 2019 in different regions.

Published 31 July 2014
Last updated 16 July 2020 + show all updates
  1. Updated COVID-19 guidance for the public translated into different languages.

  2. Updated COVID-19 charging exemption message to reflect the approach to treatment of Paediatric Multisystem Inflammatory Syndrome (PMIS), where a negative test result will not mean that the patient is chargeable. This message is available in 40 languages.

  3. Updated links to translated PHE guidance. Added links to International Organisation for Migration (IOM) and Mayor of London and London Assembly

  4. Added translated message on COVID-19 testing and treatment free of charge to visitors from outside the EEA.

  5. Added links to translated COVID-19 guidance for the public.

  6. Added links to translated resources on social distancing and self-isolation.

  7. Updated to include information about coronavirus (COVID-19).

  8. Updated with information on healthcare access during the EU Exit transition period.

  9. Added link to immunisation information leaflet.

  10. Updated resources section with new Home Office guidance on living in asylum accommodation pertaining to the service provided under the new contracts (2019).

  11. New resources added, including from the British Medical Association, Equality and Human Rights Commission, Healthy London Partnership, University of Sheffield and Doctors of the World UK.

  12. Updated the health surcharge for non-EEA nationals, which has doubled. Updated policy on data disclosure arrangements.

  13. Page updated to reflect changes to NHS entitlements that came into effect in August and October 2017 as a result of The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017. Broken links deleted.

  14. Updated and made editorial changes to meet GOV.UK style.

  15. First published.