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ANNEX 3
1. This flow chart does not provide a full interpretation of the current regulations. For more detailed information, please consult the National Health Service in Scotland: Overseas Visitors Manual of Guidance, available at: http://www.scotland.gov.uk/library/documents-w/guide-14.htm
2. Overseas visitors may not be exempt from all NHS charges but may be entitled to NHS treatment and services on the same basis as those people who are ordinarily resident in the UK. Those ordinarily resident in the UK do not pay for NHS treatment and services such as NHS medical treatment or NHS eye or dental examinations but they pay a patient charge for "chargeable" services such as NHS dental treatment and NHS prescriptions/wigs/fabric supports unless they fall within the categories of people who are exempt from patient charges e.g. categories based on age, medical status or income. Additionally, those ordinarily resident in the UK pay the full cost of the purchase of glasses or contact lenses unless they fall within the categories of people who are entitled to an NHS optical voucher to help towards the cost of purchasing these and they pay the full costs of travel to hospital unless they fall within the relevant entitlement categories for help with travel costs.
3. European Health Insurance Card ( EHIC) does not cover any patients for whom getting medical treatment is the reason for their visit. Patients from the EEA who do want to come to the UK specifically for treatment need to have an E112 form signed by their health authority. This means that the healthcare provider in their country of origin has agreed to pay the NHS for the cost of treatment.
4. Living in the United Kingdom lawfully, voluntarily and for settled purpose.
5. Under the Immigration Rules an asylum applicant is a person who makes a request to be recognised as a refugee under the Geneva Convention on the basis that it would be contrary to the United Kingdom's obligation under the Geneva Convention for them to be removed from or required to leave the United Kingdom - http://www.ind.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules
6. If an application for asylum is refused, and all appeals fail, the person ceases to be an asylum seeker and may no longer be entitled to NHS care or services, depending on the circumstances. However, any course of treatment, which has begun while a person was still an asylum seeker, must be completed or continued without charge until the person leaves the country. For all practical purposes this is likely to mean that failed asylum seekers who have previously been resident in Scotland and remain here will remain in the care of the NHS until arrangements for their return home can be made.
7. The need to access NHS treatment and services arose ONLY during the visit.
8. Under the Immigration Rules a person seeking leave to enter as a visitor must show that they:
a. Are genuinely seeking entry as a visitor for a limited period as stated by them, not exceeding six months; and
b. Intend to leave the UK at the end of the period of visit as stated by them. http://www.ind.homeoffice.gov.uk/visitingtheuk/
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