Legal Update: Migrants' access to healthcare

In its 2013 report, Growing Up in a Hostile Environment, Coram Children's Legal Centre highlighted that restrictions on access to free healthcare for migrants was a significant barrier to the promotion of children's wellbeing in the UK. The introduction of further restrictions last month have deepened these concerns, with migrants in the UK who do not have "settled status" (i.e. do not have "indefinite leave to remain") now facing charges for secondary health care and an Immigration Health Charge when they apply to extend their time in this country.

Secondary healthcare is available on the NHS for anyone who is "ordinarily resident" in the UK but the definition of "ordinarily resident" changed under the Immigration Act 2014. Therefore, any migrant with no permission to be in the UK, or with limited leave to remain in the UK, may have to pay for care provided in hospital. Treatment in accident and emergency, family planning services, treatment of specified infectious and sexually-transmitted diseases (including HIV), and treatment for torture, female genital mutilation, domestic violence or sexual violence, will all continue to be provided free of charge.