Thank you for your enquiry. We provide free and confidential advice on entitlement to NHS maternity care and charging.
Since you had leave to remain as a visitor, when you had your NHS maternity care, you were properly chargeable, but the hospital really should have told you that at the time and to raise a bill late would be 'maladministration' according to Department of Health Guidance.
You could contact the hospital, request an invoice and negotiate an affordable repayment plan (see attached leaflet). Once this is agreed, the Trust should tell the Home Office that the debt is settled, and the Home Office should not rely on the debt to refuse immigration applications.
Alternatively, you can make a subject access request to obtain your Home Office file:home office subject access request. They must provide your file within 20 days. You can then check whether the file records any NHS debt. If there is no debt recorded, you can decide whether to just make your spouse visa application and deal with the NHS debt, if it comes up. If the debt exists and comes to the attention of the Home Office, while your application is under consideration, they could either contact you and ask you rectify before they decide your spouse visa application, or they could just refuse the application. If that happened, you appeal the Home Office refusal on the grounds that you had not been billed, and at the same time, you could negotiate a payment plan.
I hope that this is helpful, but please contact me if you need clarification. It would help us if you would kindly complete and return the attached form as we need this anonymous information to maintain funding for our services.
Best wishes and your sincerely
Kamla Adiseshiah
Emails to the Maternity Care Access Advice Service are answered by:
Rebecca Walker or Kamla Adiseshiah
Adviser Solicitor
Rebecca usually works on Mondays. Kam usually works on Thursdays
The Maternity Care Access Advice Service provides advice on entitlement to NHS maternity care and charging. For telephone advice please call 0808 800 0041 (freephone) on Thursdays between 10am and 12 noon.