The NHS is Not Free to all if it Excludes Undocumented Migrants
- Harry Johnson
- Mar 11, 2021
- 2 min read
Updated: Mar 23, 2021
In a year where the NHS has been more important than ever, everyone should be able to access it free of charge

If the pandemic has shown us anything, it’s the sheer resilience of the NHS and how important it is in all our lives. However, it’s become evident that the free to all principle, emblematic to the NHS, doesn’t apply to undocumented migrants in the UK.
According to the NHS, to qualify for free treatment an individual must be an ‘ordinarily resident’ in the UK. The 2014 Immigration Act adjusted this definition to mean someone who has ‘Indefinite Leave to Remain’.
In a report published last October, Doctors of the World audited 27 individuals who have been assessed as not ‘ordinarily resident’ by NHS services. The report found that 12 faced a legal barrier from removal in the UK, such as ongoing legal cases and human rights appeals.
This meant that they were excluded from or charged for treatment due to their immigration status, but were also unable to leave the country due to ongoing legal proceedings.
"If people cannot afford to live, they cannot afford healthcare"
For those individuals with immigration applications refused, NHS tariffs are charged at 150%. The audit found that 96% of users were destitute.
It’s not difficult to see the problem here. If people cannot afford to live, they cannot afford healthcare.
It’s clear that undocumented migrants are being excluded and ill-treated by NHS trusts under the Government’s definition of ‘ordinarily resident’. Things need to change and this phrase needs re-evaluating. It must cover all individuals residing in the UK regardless of their immigration status, unless they are medical tourists.
"The free to all aspect of the NHS is an integral part of its principles"
There must be exemptions in place for migrants who are put in this position through no fault of their own. This will prevent services from being withheld from them and also prevent people being wrongly charged ridiculous amounts of money for treatment.
The free to all aspect of the NHS is an integral part of its principles. At present, it is being prevented from practicing its values due to the Government’s animosity for undocumented migrants.
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