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NHS entitlements?


costa123

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Hi everyone

My husband, son and I are planning on moving back to the UK in June next year. Both my husband and I are UK citizens (but also have aussie citizenship). We will have been over here 7 years by then. Our son is age 2 and was born over here. He has both australian and british passports.

Does anyone know whether we will be immediately entitled to using the NHS without cost when we head back? I f have never declared myself as living over here permanently (as I never really knew how long we were going to be over here for) and have used my regular GP and dentist etc when I visit home every year. However my husband informed them that he was leaving to go live in Oz (back in 2010) and I'm thinking it might be more of an issue for him when we return? And will be my son be able to access hospital care etc? He is already registered with my GP in London as I had to take him last year to have some vaccinations but no hospital treatment etc. I'm also hoping to try for a baby not long after we head back and am nervous in case we are not entitled to free healthcare as we have been away for so long - any advice would be greatly appreciated and apologies if this has been asked already on a different thread!

Thanks

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You were both born in the UK and spent most of your lives in the UK, you will get full NHS treatment.

 

So was I PB and I still pay tax in the UK, but I got a £600 bill last year as I wasn't entitled to NHS care because I'm not 'Ordinarily Resident' in the UK and it was deemed non emergency treatment, which is free. Had I been an Australian Citizen I would not have been billed.

Costa 123 and family will be entitled to NHS care because they will be resident citizens.

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So was I PB and I still pay tax in the UK, but I got a £600 bill last year as I wasn't entitled to NHS care because I'm not 'Ordinarily Resident' in the UK and it was deemed non emergency treatment, which is free. Had I been an Australian Citizen I would not have been billed.

Costa 123 and family will be entitled to NHS care because they will be resident citizens.

 

I assume you were normally resident in Australia and in the UK temporarily? That's a very different situation.

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Hi everyone

My husband, son and I are planning on moving back to the UK in June next year. Both my husband and I are UK citizens (but also have aussie citizenship). We will have been over here 7 years by then. Our son is age 2 and was born over here. He has both australian and british passports.

Does anyone know whether we will be immediately entitled to using the NHS without cost when we head back? I f have never declared myself as living over here permanently (as I never really knew how long we were going to be over here for) and have used my regular GP and dentist etc when I visit home every year. However my husband informed them that he was leaving to go live in Oz (back in 2010) and I'm thinking it might be more of an issue for him when we return? And will be my son be able to access hospital care etc? He is already registered with my GP in London as I had to take him last year to have some vaccinations but no hospital treatment etc. I'm also hoping to try for a baby not long after we head back and am nervous in case we are not entitled to free healthcare as we have been away for so long - any advice would be greatly appreciated and apologies if this has been asked already on a different thread!

Thanks

 

The NHS rules have changed a great deal over the past year! It's no longer based on anything else other that being an ordinary resident, doent matter about anything else!

 

The UK’s healthcare system is a residence based one. Free NHS treatment is provided on the basis of someone being ‘ordinarily resident’. It is not dependent upon nationality, payment of UK taxes, national insurance contributions, being registered with a GP, having an NHS number or owning property in the UK.

'Ordinary residence' should not be confused with terms such as usual, permanent or habitual residence. It has been considered in the courts to mean, “living lawfully in the United Kingdom, voluntarily and for settled purposes as part of the regular order of their life for the time being.” The concept of ‘settled purpose’ has been developed by the courts: “there must be an identifiable purpose for the residence here, there can be one purpose or several and it may be for a limited period. The purpose for living in the UK must have a sufficient degree of continuity to be properly described as 'settled'.”

It is not necessary for a person to be living permanently or indefinitely in the UK to be deemed ordinarily resident. They can be ordinarily resident in two countries at once. They can be absent from the UK for a temporary or finite period and still be ordinarily resident here. There is no minimum period of residence that confers ordinarily resident status and ordinary residence can be of short or long duration. But it seems likely that in general, the longer someone is out of the UK, the more difficult it may be to establish OR status. Citizens who return to the UK on a settled basis will be classed as ordinarily resident, and will be eligible for free NHS care immediately.

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The NHS rules have changed a great deal over the past year! It's no longer based on anything else other that being an ordinary resident, doent matter about anything else!

 

The UK’s healthcare system is a residence based one. Free NHS treatment is provided on the basis of someone being ‘ordinarily resident’. It is not dependent upon nationality, payment of UK taxes, national insurance contributions, being registered with a GP, having an NHS number or owning property in the UK.

'Ordinary residence' should not be confused with terms such as usual, permanent or habitual residence. It has been considered in the courts to mean, “living lawfully in the United Kingdom, voluntarily and for settled purposes as part of the regular order of their life for the time being.” The concept of ‘settled purpose’ has been developed by the courts: “there must be an identifiable purpose for the residence here, there can be one purpose or several and it may be for a limited period. The purpose for living in the UK must have a sufficient degree of continuity to be properly described as 'settled'.”

It is not necessary for a person to be living permanently or indefinitely in the UK to be deemed ordinarily resident. They can be ordinarily resident in two countries at once. They can be absent from the UK for a temporary or finite period and still be ordinarily resident here. There is no minimum period of residence that confers ordinarily resident status and ordinary residence can be of short or long duration. But it seems likely that in general, the longer someone is out of the UK, the more difficult it may be to establish OR status. Citizens who return to the UK on a settled basis will be classed as ordinarily resident, and will be eligible for free NHS care immediately.

 

thanks for this - do you know how we would go about declaring ourselves "ordinarily resident" when we get home? Is this something that we have to actually do or do we just tell GP's etc that we have returned on a permanent basis? thanks

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