PATIENTS NOT PASSPORTS: Migrants Access to Healthcare During the Coronavirus Crisis | June 2020
1.
The Hostile Environment deters people from seeking
and accessing care
In 2012 Theresa May, then Home Secretary in the Coalition Government, announced her intention to
create what she called a ‘hostile environment’ for migrants. The aim was to restrict access to public
services and to criminalise everyday activities in order to make life unbearable for undocumented
migrants living in the UK.
The Hostile Environment ushered in unprecedented levels of policing and criminalisation of services
essential to living a safe and fulfilling life. Rebranded the ‘compliant environment’ by the current
Government, the Hostile Environment includes measures that restrict access to schools, require
landlords to check the immigration status of their tenants, and criminalise people for working
or driving if they are undocumented. It turns nurses, teachers and landlords into border guards,
and uses the data they collect to update Home Office records which are used by immigration
enforcement teams to track, detain and deport people.
The overall effect is the creation of a climate of fear that extends beyond the specifics of the
policies. The threat of data-sharing with immigration authorities, destitution, and ultimately
deportation, combine to trap people out of the society in which they live. It has affected not only
undocumented migrants and those with a precarious immigration status, but all people treated or
racialised as migrants, including British BAME people and those who have lived in the UK for many
decades, as demonstrated by the Windrush Scandal. The UK High Court found that the Hostile
Environment directly causes and exacerbates racial discrimination in the UK.4
The NHS is one of the primary targets of changes brought in under the Hostile Environment. The
2014 Immigration Act changed the definition of ‘ordinary residence’ so that a person was required
to have indefinite leave to remain in the UK to qualify for care.5 This was the first time entitlement
to the NHS had been tied to a person’s immigration status, ushering in a range of policies that have
significantly changed the way the NHS operates, including:
•
The Immigration Health Surcharge. An additional cost attached to visa applications that
requires people to pay for their use of the NHS for the duration of their visa. It must be paid
in full upfront, and currently the cost is set at £400 per person per year with a planned rise to
£624 on 1st October 2020.
•
Upfront charging and immigration checks. In 2017, the government introduced a statutory
duty on all NHS Trusts to charge patients upfront for care that was non-urgent or did not
otherwise meet an exemption from charging; in effect, imposing a requirement on NHS Trusts
to formally determine a person’s immigration status as a routine part of their treatment. Care
that is deemed ‘immediately necessary’ or ‘urgent’ is still chargeable, with payment recovered
after treatment - this includes treatment provided in intensive care and other emergency
services not provided in A&E. The charging regulations include exemptions of certain groups
of people and for a range of communicable diseases, including Covid-19. As we show in
the evidence section below, however, the complex nature of the charging regulations, and
the difficulty of proving entitlement, mean that even those entitled to care face barriers to
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