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NHS for Australians in the UK


suzimac64

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Hi I could do with some clarification on NHS care for dual nationalities in the UK.

 

My Australian Husband has dual nationality, he has an Australian passport, he has lost his UK passport.

 

We intend to return to the UK soon. Unfortunately he has just been diagnosed with cancer and we are to be seen next week to determine the full extent.

We both have family in the UK and want to be with them at this time to give us the best level of support and fighting chance.

 

We need to know if he will be seen by the NHS once we return.

 

Also as he only has his Australian passport will he need to apply for a visa when entering the UK? We did plan on getting his UK passport from here but it seems the wait is quite long and we don't know how long we might have and just want to get him home to his family.

 

Can anyone advise please?

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do you have any evidence of his British citizenship such as a birth certificate that shows he was born in the UK. Technically you do not need a Uk passport to enter the UK but as he will be arriving on an Australian passport, technically he will need a visa. Evidence of British citizenship will help but you may still be delayed by British immigration. I am sure you are aware that they are incompetent letting in any foreign criminal in only to make life difficult for genuine people. Contact the British High Commission immediately for advice and you may need to get an emergency UK passport and given your circumstances they should be able to do something more quickly/ Dont forget to get copies of his medical records from your Aussie GP so your doctor/hospital in the Uk has full details. This will be helpful to do for all of you anyway.

 

However, treatment on the NHS is not guaranteed, even if you can prove British citizenship. You need to pass the habitual residence test if you have lived abroad for longer than a specified period. You need to prove that you intend to stay in the UK and have significant family ties. this is to stop foreign health tourism which can be very inflexible to those in genuine need.

 

When you consult a doctor i wouldnt tell them you have arrived from Australia. Either re-register with your old doctor or get the records transferred if you are moving to a different area. Australians are entitled to emergency treatment in hospitals (ie Casualty) free of charge under the reciprocal agreement but Im not sure if cancer would be classed as emergency treatment as it is a longer term costly condition. There have been many cases of British people moving back to the Uk and being denied NHS treatment. My partner has dual citizenship and registering at the doctors was a bit of a nightmare but eventually they relented and let him register.

 

havre a look at this website http://www.adviceguide.org.uk/wales/benefits_w/benefits_coming_from_abroad_and_claiming_benefits_hrt.htm

 

This can be very important as conditions such as cancer enable you to claim many benefits for your husband and you as you will be his main carer. I've been in Oz for over 5 years so i am not clued up on how benefits work now but when my mum had cancer it was astonishing what she and my dad could claim for such as special deals for stair lifts, Blue parking badge free prescriptions, incapacity/disability benefit etc.

 

This must be a very unsettling time for you all so best of luck

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My Australian Husband has dual nationality, he has an Australian passport, he has lost his UK passport.

 

We intend to return to the UK soon. Unfortunately he has just been diagnosed with cancer and we are to be seen next week to determine the full extent.

We both have family in the UK and want to be with them at this time to give us the best level of support and fighting chance.

 

We need to know if he will be seen by the NHS once we return.

 

Also as he only has his Australian passport will he need to apply for a visa when entering the UK?

 

 

Contact the British consulate and get an emergency travel document:

https://www.gov.uk/emergency-travel-document

 

It can be issued same day in most cases.

 

As for the NHS - in principle, he should be accepted for treatment:

http://www.nhs.uk/chq/pages/1087.aspx?categoryid=68&subcategoryid=162

 

In practice, it may be more difficult as I'm assuming you won't have had time to sell your Australian property, bought/signed a lease for a UK one, transported all your belongings or any of the other "signs" they look for when assessing your intention to remain - so have a think about which of those requirements you could achieve.

 

Signing on for a GP is a different kettle of fish from hospital treatment and it seems as though it's up to the GP - theoretically they should have no objections to taking you on. As Boganbear says, the best bet is just to waltz in and not mention you're just back from overseas.

 

As for the other benefits - the UK and Oz are alike in that different branches of government seem to have different definitions for the same thing! The link Boganbear provided links to the residency test for benefits, as distinct from NHS treatment, and you'll see it is slightly different - and probably harder for you to qualify.

 

Best wishes to you both, it must be a very difficult time.

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I think it will be pretty hard not to say they have just came from Australia as you have both suggested. How does the OP explain that he has been diagnosed, you cant just guess that you have cancer.

 

When I returned a couple of years ago, intending to stay back there(have since returned) I got to register with my old GP no problem, but I was living in my house which I still own over there so dont know if that helped. Also when he referred me to the hospital the specialist had to do all the tests again as they wanted to find out the exact situation for themselves.

 

Hope you can get it worked out and get your husband treated quickly whether its here or UK.

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Are you returning permanently or for a holiday?

 

If it's permanent then you should enter on a British passport but actually there is nothing to stop him entering on his Australian one - he can enter legally for 6 months. Just get a British one sorted in that time.

 

As an Australian he is entitled to the NHS under the reciprocal healthcare agreement. I took ill whilst on holiday, saw an emergency GP, was admitted to hospital and got treated, got all my drugs etc. free.

 

But the reciprocal agreement is emergency care only so it really depends on your husbands condition - if it is an emergency he would be treated but not any kind of elective surgery - it may restrict the treatment he could be given.

 

That said we returned after 5 years, saw a GP straight away, my sons specialist in Australia had already sent a referral to a specialist in Scotland and we were seen quickly and no questions were asked about how long we had been away/back/planned to stay.

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To be eligible for non emergency treatment on the NHS, you need to be ordinarily resident in the UK. That means residing if the UK and intending to reside for a total period of more than six months. Hence, entering on a six month permit in an Australian passport will automatically disqualify you. But entering on a UK passport could qualify you on day one if you can persuade the hospital you intend to stay. Note that access to hospitals is generally on referral from a GP.

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Thankyou so much everyone for your advice. We will see what happens at the clinic next week and decide what to do from there. Until then please keep us in your thoughts and prayers we could do with all the luck we can muster right now.

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If he doesn't have a UK passport you could face tough questioning and possible be refused entry at Heathrow if you say you intend to reside in the UK. I went back with my kids (who have Aussie passports) and we got the third degree from immigration, even though I said we were only staying for three months. You may be better off saying that you are just going for a holiday. Getting residency in the UK is EXTREMELY difficult now thanks to UKIP-inspired new regulations. A non-EC passport holder will find it very difficult to get residency unless you can show you have a lot of money in UK bank account for a year and have a high-paying job. I also found it difficult to get hospital treatment, despite being a UK citizen - I didn't have an NHS number and so they could not put me 'in the system'. If I were you i would work very hard to get that UK passport/citizenship paperwork!

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As said, access to NHS treatment is based on residency, not nationality. If you enter on an Australian passport and are stamped in for 3 or 6 months, you cannot be considered ordinarily resident for the purposes of using the NHS. And since the referral to hospital would not have been through an NHS doctor, the hospital will want to have some evidence that they will be paid for their services.

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