NHS treatment under spouse visa

My wife received the UK spouse visa in 2016.  It expires in July 2019.  However, she has not been in the UK for the life of the spouse visa to qualify for UK residence at the end of the visa, when it expires.

I paid for my wife to have NHS at the time of applying for the spouse visa, through the health surcharge.

Even though at the end of this visa, she will not qualify for the second visa and later for UK residence, can she still use this visa to have NHS access before it expires in July?

After all, the UKVI could only determine that she does not qualify for UK residence in 2019, at a point after after the visa expires.  You can argue that until then, she is free to use free NHS services like someone who wil eventually qualify for UK residence.

What's the situation on this please?

She’s fine to use the NHS as she’s paid the surcharge (until her expiry date).

Thanks for the short and clear answer.  She would have to register with a local GP practice and wait until he or she is free to examine her as a new patient.
 This normally takes a wait of 2-3 weeks.  Best.  Dave.

Thanks for the short and clear answer.  She would have to register with a local GP practice and wait until he or she is free to examine her as a new patient.
 This normally takes a wait of 2-3 weeks.  Best.  Dave.

If she's not already registered with a GP, do you have a piece of mail in her name to show she is resident in the GP's catchment area? They will likely need that in order to register her as a new patient.

She can use my Wigan home address and contact details.  In fact, I imagine she can register with MY own GP practice?

When you say that she should give them for example mail to show she is a "resident" in the catchment area of a GP.  Don't forget that she is not a UK resident.  Having a spouse visa is not UK residency.

Because she will fail the criterion under spouse visa rules that she should be a UK resident for about 6 months in each year, she will not be able to move to the next stage for UK residence.  Which was a point of my original message, that she can still get NHS treatment even though she has failed to live here enough to qualify for ILR.  She can receive it for the remainder of the spouse visa.

She stays with me on her visits to the UK, but it goes no further than that. Definitely not a UK "resident." The previous responder indicated this is enough to register with a local GP, for the remaining life of the spouse visa. But not for thereafter.

When the spouse visa ends, she will probably apply for visitor visas to visit here and not to reside here. 

She can use my Wigan home address and contact details.  In fact, I imagine she can register with MY own GP practice?

When you say that she should give them for example mail to show she is a "resident" in the catchment area of a GP.  Don't forget that she is not a UK resident.  Having a spouse visa is not UK residency.

I know she is not resident, but most GPs will have a requirement that she provides a council tax or utility bill in her name to prove she is eligible to register with them, as they have to check she is resident in their catchment area. It’s about what the GP requires for documentation to register, not what her visa status is.

You could maybe see if she can register as a temporary patient who is just visiting the area, but not sure how that will work with the fact that she has a spousal visa and has paid the IHS (vs. being a short-term visitor).


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This is still a problem.  To qualify for a UK bank account, to register with the local council and other services you need to be a UK resident.  I've not checked with all the services like this, but the ones I asked definitely want her first to be a UK resident.

I know that you are talking about.  But asking her to supply this class of document brings us back to the original problem. That while we agree she "can" or "could" get NHS treatment in the UK using her active spouse visa, if they ask her first to supply this type of document (requiring her UK residence, which she is not on the path to getting) there is a problem.  Having a pouse visa is no proof of UK residency.

And I very much doubt that if she shows them her spouse visa as some sort of proof of her UK residency, it will do the job.  "Presumably" (though I stand corrected) they would ask her to wait for the 5 years to UK residency in these instances. Before she can open a UK bank account in her name, etc.

I think there's a bit of confusion over the terminology.  You can be a UK resident without being a permanent UK resident. 

If you are in the UK and have, for example, a spouse visa that allows you to legally live and work in the UK - you are a UK resident and can open a bank account and register with a GP.  You are not a permanent UK resident who is free from immigration control, but you are a legal UK resident who can access most things in the UK with the notable exception of public funds.

A permanent UK resident (someone who holds "indefinite leave to remain" or ILR) can access public funds and is not subject to immigration control.  A UK resident (someone who holds a visa that allows legal residency in the UK, such as someone on a spouse visa or work visa) cannot access public funds and is subject to immigration control until obtaining ILR. 

But even then, someone with a work or spouse visa is able to access the NHS or open a bank account so long as they have a valid visa that allows them to live in the UK and is currently residing in the UK on that visa (typically evidenced by proof of address).  It doesn't matter if they have ILR or not - just so long as they are residing in the UK on a visa that allows it.

So the hurdle it seems you are facing is that you can tick the box of "having a valid UK visa" but not "currently residing in the UK" with a proof of UK address.

Yes the issue is not that she isn’t residing in the U.K., but more that that if you don’t have some recent mail sent to your address with her name on, she may not be able to register with a GP.

Did you add her name to anything at all when she first got her spousal visa? Or does she get any mail at all sent to your address? If so, you should be fine as you will be able to show proof of address. If not, you may have a problem, because they may not accept her as a patient if you can’t show evidence that she has a UK address.


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I believe the issue is that while the spouse visa was granted, she ultimately decided that she did not want to live in the UK and hasn't moved over.  (though I believe she did spend some time in the UK for a few weeks or months after the visa was initially granted?)  However, she still would like to visit on a regular basis despite living in the US.  And at the moment, her spouse visa is still valid, but other than visits to the UK, she hasn't actually "lived" here or established residency here, nor has any intention of doing so.  For now, she is free to come and go as she pleases with her spouse visa - but without actually living here, may find it difficult to register with a GP or open a bank account. 

Unfortunately, I don't think there's an easy way to address a situation where a couple wish to live in their own countries, but still visit each other and maintain a relationship.  Both the US and UK require a period of continuous residency before granting permanent residency, and even then, permanent residency can be lost if not actually residing in the specified country.  And in most instances, it will be hard to open bank accounts/register with health practices in a country where you aren't actually living in (regardless of probationary or permanent residency status).  The way the system is, you can either move to the other country and set up residency and access these things, or just be a visitor and not access these things.  Even UK citizens living abroad can't just pop back to the UK for some "free" NHS treatment every once in a while. 

To clarify for people, registering with a GP or opening a bank account does not require permanent UK residence...but typically requires UK residence on a legal basis (work, spouse, student, and so on) which is usually evidenced by a recent piece of official mail sent to a UK address. 

Dave, are you looking for a debate or does your wife need treatment?

If she needs treatment, simply call your GP and ask what information they require to register your wife - simple.  They may just want to see her BRP.  Some may want a council tax statement with her name on it.  You won't know until you ask them directly.  All practices tend to require different items to register - some nothing at all.

OK, that sums it up accurately.  Cheers.