Reciprocal health agreements for students and visitors (FOI)

Request

I noted a response you provided of 19th September regarding reciprocal health agreements, it stated on the link to the U.K agreement that it covered those who were visitors of less than three months.

A

Is a student in the U.K. classed as a ‘visitor’ and what happens if their stay in the U.K. is longer than three months?

B

What happens in these situations if a student;

(a) needs emergency treatment

(b) and / or ongoing treatment

(c) if a student works

C

Overseas students in the U.K. have access to an immigration health surcharge of £150 per year, are our students able to apply for this? If not why is that?

D

On the agreement in the definitions it uses the term ‘ordinarily resident’. Please explain what that is and how a person becomes ‘ordinarily resident’.

Response

A and B

As has been the practice for many years, Jersey students following courses of further education in the UK of six months or more are treated as though they are resident in the UK and therefore would only be subject to any NHS charges when they are routinely applied to UK residents.

It is recommended that students should register with their university health centre when they enrol at university so they can access a GP (often based in the health centre) and receive an NHS number.

The Reciprocal Health Agreement would not apply as they are not ‘visitors’.

C

The immigration health charge is payable by non-EEA nationals who apply for a visa to enter or remain in the UK for more than six months in a temporary capacity. Such arrangements do not apply to Jersey students.

D

The term ‘ordinarily resident’ will be defined and interpreted by the country whose rules are being applied. In the UK a person is ordinarily resident if they are normally residing in the UK and their residence there has been adopted voluntarily and for settled purposes as part of the regular order of their life for the time being, whether for short or long duration. The concept of ‘’settled purpose’’ has been developed by the courts. There may be one purpose or several, it may be specific or general, and it may be for a limited period. All that is necessary is that the purpose for living in the UK has a sufficient degree of continuity to properly be described as ‘’settled’’.