Do I have to pay for the Healthcare Surcharge if I apply for an Ancestry Visa and work for the NHS?

[Elderflower5]

Hello

I currently live in the UK on presettled status as my husband is an EU National with settled status. I am thinking of going back to my home country to switch to the Ancestry as the UK government has drafted a law that says that applicants to the EU Settlement Scheme from next year will have to have been exercising treaty rights in order to apply to the EU Settlement Scheme. My husband was not exercising treaty rights prior to being granted settled status, so I’m worried that I will not be entitled to settled status. I currently work for the NHS and was wondering if I will be exempt from the NHS Healthcare Surcharge if I keep my NHS job and go back to South Africa for a short time to switch to my Ancestry Visa? The government has said that all NHS workers would be exempt from the charge.

[CR001]

Not all NHS workers are exempt. You don't state what work or job you do..only certain jobs qualify for exemption of the IHS.

Your previous post also states that your Ancestry visa is valid till 2022. So why would you apply for another visa now?

eea-route-applications/citizenship-and- ... l#p1930845

Wait, so am I correct in understanding that I can apply for Indefinite Leave to Remain based on my Ancestry Visa even if I have switched to presettled status? My Ancestry Visa is valid until 2022, I switched to presettled status last year. I think ILR based on an Ancestry Visa is preferable to settled status as it seems to make it easier to apply for citizenship with ILR.

There is no requirement to exercise treaty rights for the EU settled status, granted under the UK immigration rules, which is based on residence.

Exercising treaty rights is only relevant to the EU rules/regulations, ie a document certifying permanent residence after 5 years exercising treaty rights.

[Elderflower5]

My understanding is that when I switched to presettled status my Ancestry Visa was cancelled as you can’t have more than one visa issued under UK immigration law.

Exercising treaty rights is not currently a requirement for getting settled status but it could be a requirement in the future. The government has drafted a law to say that EU citizens applying to the scheme who have not been granted status before January 2021 will need to show that they are exercising treaty rights in order to apply to the EU Settlement Scheme:

https://www.legislation.gov.uk/ukdsi/20 ... 4/contents



They could also easily change the law in the future for people who already have presettled status to say that they or their EU spouse need to have been exercising treaty rights in order to qualify for settled status.

This is why I would rather switch back to the Ancestry Visa. My husband was not exercising treaty rights before getting Settled Status.

[JB007]

You have already paid the Immigration Health Charge up to 2020, with your Ancestry visa.

[JB007]

You have already paid the Immigration Health Charge up to 2020, with your Ancestry visa.

Typo. I meant to put 2022.

[Elderflower5]

So is my Ancestry Visa still valid despite the fact that I have presettled status? I thought you couldn’t hold more than two visas at the same time under UK immigration law.

[seagul]

So is my Ancestry Visa still valid despite the fact that I have presettled status? I thought you couldn’t hold more than two visas at the same time under UK immigration law.

Whilst not sure as whether has it been changed very recently or from the last few years but several years ago both visas (issued under UK immigration act + EU directive) were practically feasible to coexist until its expiry.

[vinny]

But Appendix EU under the UK Immigration rules?

[seagul]

Thanks Vinny. I was rewinding the very renowned ancient composition of Student/PSW visa + EEA2 RC card

[Elderflower5]

Still not entirely sure if my Ancestry Visa is valid or not.

[seagul]

Still not entirely sure if my Ancestry Visa is valid or not.

You should refer to the decision letter/email as what is it saying, however, generally speaking unless there is a specific exception both visas issued under immigration act 1971 doesn't coexist as the latest leave supersede the previous one.

[Elderflower5]

My husband phoned the Home Office and they said my Ancestry Visa was cancelled when I received presettled status.

[seagul]

My husband phoned the Home Office and they said my Ancestry Visa was cancelled when I received presettled status.

Thanks for updating us. Why not play a small jigsaw puzzle in checking the BRP at following website to see what does it say despite we know it has been voided.

https://right-to-work.service.gov.uk/prove/id-question

[Elderflower5]

Yeah I tried it and it says my biometric residence card is no longer valid. Guess I’ll wait it out until December next year to apply for Settled Status. If the laws change around the EU Settlement I’m sure the Ancestry Visa will still be around in case I need it as a back up. Pity the healthcare surcharge is so damn expensive considering I work for the NHS and that you have to go back to your home country to apply for it.

[JB007]

Pity the healthcare surcharge is so damn expensive considering I work for the NHS and that you have to go back to your home country to apply for it.

It's £12 a month (£624pa /12) £1.71 a day and covers existing conditions, but has to be paid up front for the visa length. Much cheaper than some other countries, where you might have to pay higher taxes than a citizen and need private insurance too as the visa does not give full access to that country's healthcare system. EEA countries have insurance based healthcare systems.

For some people, there is a new Health and Care visa, with low fees and no health surcharge.
https://www.gov.uk/tier-2-health-care-visa

[secret.simon]

Freemovement: NHS and social care workers can now get an Immigration Health Surcharge refund

Migrants working in a hospital or care home who don’t have a Health and Care visa will continue to pay the surcharge up front, but can claim it back every six months.
...
The refund scheme is for people who are in the UK on a visa granting a “generic right to work”, such as Youth Mobility, and who happen to get a job with the NHS or in social care. They will be eligible for a refund for every continuous six-month period they work in qualifying roles for an average of 16 hours or more a week.

Home Office guidance gives details of the application process and the jobs that qualify (in Annex A).
...
The exception is those on a Tier 2 (General) visa, who cannot use the refund process and must instead email IHSrefunds@homeoffice.gov.uk to ask about getting their money back.

[Elderflower5]

Pity the healthcare surcharge is so damn expensive considering I work for the NHS and that you have to go back to your home country to apply for it.

It's £12 a month (£624pa /12) £1.71 a day and covers existing conditions, but has to be paid up front for the visa length. Much cheaper than some other countries, where you might have to pay higher taxes than a citizen and need private insurance too as the visa does not give full access to that country's healthcare system. EEA countries have insurance based healthcare systems.

For some people, there is a new Health and Care visa, with low fees and no health surcharge.
https://www.gov.uk/tier-2-health-care-visa

Actually most other countries do not expect people to pay a lump sum upfront like this. They are expected to take out health insurance which they pay overtime while living in their host country. An Ancestry Visa is a five year visa. That means you have to roughly pay £3100 pounds upfront in addition to visa costs. This money could be used by immigrants for rent and starting a new life in the UK. Most immigrants in the UK work and pay national insurance for the NHS, including me who works for the NHS. It’s just another hostile policy to make it harder for immigrants to come here unless they’re rich.