NHS Scotland eligibility for spouse and children of settled British Citizens

[zazu777]

I am planning to take my wife and 2 children with me to Scotland on visitor's visas pending application for a spousal visa. I am a British citizen (and I know they will need to leave the UK when I actually submit the spouse visa application). But my question is about NHS coverage for them while they are with me in the UK on visitor's visas. All the information I have found seems to indicate that they are eligible for full NHS healthcare as my dependants, to whit:

https://www.legislation.gov.uk/uksi/198 ... ion/4/made
https://assets.publishing.service.gov.u ... ations.pdf
https://www.migrationscotland.org.uk/mi ... -treatment
https://www.sehd.scot.nhs.uk/mels/cel2010_09.pdf
https://www.nhsinform.scot/media/1139/h ... 16-186.pdf

Here is one quote from the above:
Family Members of a Person Exempt from NHS Charges
35. Family members are the exempt person’s spouse/registered civil partner and
dependent children under the age of 16 (or under the age of 19 if still in full-time
education). Older children, parents, siblings and other family members are not exempt
from NHS charges unless they qualify as exempt in their own right, or have been granted
UK Border Agency (UKBA)authorisation to reside permanently in the UK.

Does anyone have any insight into the validity of this? Many thanks in advance.

[zimba]

Some of the links you posted are out of date and should NOT be referred to at all (some are from NHS England). UKBA was disbanded in 2013 and doesn’t even exist

If they are under visitor visa then they are not eligible for full NHS access in Scotland. They are only your dependents when they hold the relevant leave to remain (visa) under the family route. In Scotland NHS access is still provided for free in most cases but it is just not full service.

See: https://www.nhsinform.scot/care-support ... idaymakers
also: https://www.migrationscotland.org.uk/mi ... -treatment

[JB007]

I am planning to take my wife and 2 children with me to Scotland on visitor's visas pending application for a spousal visa. I am a British citizen (and I know they will need to leave the UK when I actually submit the spouse visa application). But my question is about NHS coverage for them while they are with me in the UK on visitor's visas. All the information I have found seems to indicate that they are eligible for full NHS healthcare as my dependants, to whit:

.....
https://assets.publishing.service.gov.u ... ations.pdf

That one from England, is about visitor charging for NHS England and is called Guidance on implementing
the overseas visitor charging regulations
That shows that they would be billed, with 50% added to the bill. British citizens are billed too if they can't prove they had returned to live in England, or meet free treatment in another way.
The government recommends that visitors buy health insurance for their visit, to be able to claim back any money they paid to the NHS.

Does anyone have any insight into the validity of this? Many thanks in advance.

In addition to what Zimba has posted, there is this for using the NHS-

Visitor visas and short-term visas

You do not need to pay the surcharge or get an IHS reference number if you’re applying for a:

visitor visa
visa for 6 months or less from outside the UK

You will need to pay for any NHS care you get at the point you use it - unless it’s a service that’s free.
https://www.gov.uk/healthcare-immigrati ... -needs-pay

[zazu777]

Some of the links you posted are out of date and should NOT be referred to at all (some are from NHS England). UKBA was disbanded in 2013 and doesn’t even exist

If they are under visitor visa then they are not eligible for full NHS access in Scotland. They are only your dependents when they hold the relevant leave to remain (visa) under the family route. In Scotland NHS access is still provided for free in most cases but it is just not full service.

See: https://www.nhsinform.scot/care-support ... idaymakers
also: https://www.migrationscotland.org.uk/mi ... -treatment

Thank you SO much Zimba for providing clarity for me on this issue. My son has a genetic illness and requires monthly treatments with a (VERY expensive) biological drug, so I'm pretty sure now that he won't be able to receive any treatments while in the UK on a visitor's visa. I will adjust my plans accordingly and make sure that my family only come to the UK once they paid the NHS surcharge and have received the spouse and dependent visas... just means we'll have to spend six months or more apart Anyway thanks again for your solid information!

[secret.simon]

Within the UK, citizenship on its own does not matter as much as residency, ideally long-term residency.

So, for instance, the NHS is not free even for British citizens who are not "ordinarily resident" in the UK. A British citizen who is not "ordinarily resident" in the UK can be charged on the same basis as a visitor. British citizens who have not been resident in the UK for the past three years would be charged overseas/international fees at English universities, not Home Student fees (which are considerably less), nor would they be eligible for student financing.

On the other hand, Commonwealth citizens resident in the UK can vote in elections in the UK even without being British citizens. And after being granted ILR, they can even be elected to the Commons or be appointed to the Lords.

I see from your earlier posts that you have recently been registered as a British citizen under Form UKM. If you have not moved to the UK, you will find that you will not eligible for a whole host of benefits or conveniences in the UK immediately, but will only become eligible after a few months of residence.

Also see What is so special about being a British citizen, legally?

All the British citizenship entitles you to outside the UK is the right for you, as an individual, to enter the UK and to British consular assistance while you are in a country of which you are not a citizen of.

requires monthly treatments with a (VERY expensive) biological drug

Keep in mind that the NHS does not fund all medication. You may want to check if the medication for your child is in fact available on the NHS. This is the Scottish Government's webpage on medicines availability in Scotland.

[JB007]

I see from your earlier posts that you have recently been registered as a British citizen under Form UKM. If you have not moved to the UK, you will find that you will not eligible for a whole host of benefits or conveniences in the UK immediately, but will only become eligible after a few months of residence.

And sometimes not for years for welfare benefits for their family e.g. one of the requirements for Disabilty Living Allownce for children, requires the child "to not be subect to immigration control".
https://www.gov.uk/disability-living-al ... ligibility

https://www.citizensadvice.org.uk/scotl ... n-control/

requires monthly treatments with a (VERY expensive) biological drug

Keep in mind that the NHS does not fund all medication. You may want to check if the medication for your child is in fact available on the NHS. This is the Scottish Government's webpage on medicines availability in Scotland.

And sometimes treatments are not available on (funded by) the NHS.

[zazu777]

Thank you all for your wise advice and information!