Jamaica Gleaner

Do I have to pay a healthcare surcharge?

- John Bassie

Dear Mr. Bassie,

Is everyone applying for a visa to enter the United Kingdom required to pay the healthcare surcharge?

J.C.

Dear J.C.,

For visa applicatio­ns that are made outside of the United Kingdom, persons will need to pay if they are a national of a country outside the European Economic Area (EEA) or if they are applying for a visa to work, study, or join their family in the United Kingdom for more than six months, but they are not applying to remain in the United Kingdom permanentl­y.

For immigratio­n applicatio­ns made from within the United Kingdom, persons will need to pay if they are nationals of a country outside the EEA or if they are making an immigratio­n applicatio­n for any length of time, including applicatio­ns for six months or less, but they, too, are not applying to remain there permanentl­y. Persons should be aware that they will still need to pay even if they have private medical insurance.

Applicants still need to use the payment service to get an immigratio­n health surcharge (IHS) reference number, but they will not need to pay if they are under 18 years old and have been taken into care by a local authority; or if they are relevant civilians employed at NATO or the Australian Department of Defence in the United Kingdom (or the applicant is their dependent).

The service will tell the applicant that he/ she does not have to pay anything and will provide the healthcare surcharge reference number for the applicatio­n. Please note that persons will be able to use the National Health Service (NHS) even if they are exempt from paying.

PERSONS WHO DO NOT NEED TO PAY OR GET AN IHS REFERENCE NUMBER

Persons will be able to use the NHS without paying the surcharge or getting a reference number if any of the following applies: ■ They are applying for indefinite leave to enter or remain;

■ They are a diplomat or a member of a visiting armed forces and not subject to immigratio­n control;

■ They are a dependent of a member of the United Kingdom’s armed forces;

■ They are the dependent of a member of another country’s armed forces who is exempt from immigratio­n control;

■ They are a family member of a European national with European Union treaty rights;

■ They are applying for a visa for the Isle of Man or the Channel Islands;

■ They are a British Overseas Territory citizen resident in the Falkland Islands;

■ They are asylum seekers or applying for humanitari­an protection (or they are their dependent);

■ They are a domestic worker who has identified as a victim of slavery or human traffickin­g;

■ They are applying for discretion­ary leave to remain in the United Kingdom as someone who has identified as a victim of slavery or human traffickin­g (or they are their dependent);

■ The Home Office’s domestic violence concession applies to the applicant (or they are their dependent);

■ Being made to leave the UK would be against their rights under Article 3 of the European Convention of Human Rights (or they are their dependent).

Persons will need to pay the healthcare surcharge if they apply for indefinite leave to remain but are only given limited leave. Those persons will need to pay before they are given the leave.

Persons will not need to pay the surcharge or get an IHS reference number if they are applying for a visitor visa or a visa for six months or less from outside the

United Kingdom. They will need to pay for any NHS care received at the point of use – unless it is a service that is free.

AMOUNT TO PAY

Person will have to pay:

■ Three hundred pounds per year for a student or Tier 5 (Youth Mobility Scheme) visa, for example £600 for a two-year visa;

■ Four hundred pounds per year for all other visa and immigratio­n applicatio­ns, for example £2,000 for a five-year visa

Dependents will usually need to pay the same amount as the sponsor.

The exact amount of persons must pay depends on how much leave they are granted. Applicants will pay half of the yearly amount if their applicatio­n includes part of a year that is less than six months and will pay for a whole year if their applicatio­n includes part of a year that is more than six months. They will automatica­lly get a partial refund if they paid the healthcare surcharge for more years than they were granted leave.

Please note that if applying for a visa online, applicants will pay the surcharge as part of the applicatio­n. If a visa is applied for by post, they will be required to pay the surcharge online before sending the applicatio­n. Please be advised that persons will need to include the IHS reference number on the applicatio­n form.

I hope this helps. John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrator­s, a chartered arbitrator, and a member of the Immigratio­n Law Practition­ers Associatio­n (UK). Email: lawbassie@yahoo.com

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