Life can be unpredictable, and while you may have come to the UK with a clear plan - whether for work, study, or family reasons - unexpected events can disrupt even the best-laid preparations. A personal injury or medical emergency can bring additional stress, especially if you are concerned about your immigration status. This guide explores your options for staying in the UK if you find yourself in this unfortunate situation, ensuring you can focus on your recovery without added uncertainty.
The UK operates a National Health Service (NHS), which provides healthcare to residents and certain visa holders. Under Section 38 of the Immigration Act 2014, most non-British nationals must pay the Immigration Health Surcharge (IHS) when applying for a visa. This fee allows visa holders to access NHS services on broadly the same basis as a permanent UK resident.
The IHS provisions therefore enable most individuals holding limited-term visas to access NHS treatment for medical issues that arise during their stay in the UK. This is not limited to emergency or urgent care.
However, for visitors or migrants with visas lasting six months or less, the IHS is not a requirement as part of the visa application process. As a result, the majority of non-emergency medical treatment they receive in the UK will need to be self-funded.
Although most temporary visa routes allow applicants to extend their visa while in the UK, not all offer this option. For example, extensions are generally not permitted for visit visas, graduate visas, and certain work routes under the Global Business Mobility (GBM) visa scheme. Temporary work visas also have strict maximum durations, preventing extensions beyond a set period.
If you experience a major medical incident during your stay, whether you can extend under your current visa route will depend on your circumstances.
For example:
There are limited circumstances under which a visit visa may be extended from within the UK. According to Appendix Visitor, certain requirements must be met to qualify for an extension. It is also important to note that visitors are subject to Part 9: Grounds for Refusal, meaning that any NHS debt exceeding £500 could result in a refusal.
Under V 15.1. of Appendix Visitor, an extension is generally only available to those who originally entered the UK for private medical treatment. To be eligible, applicants must demonstrate:
In some cases, the Home Office may consider compelling, compassionate, or exceptional circumstances that justify granting leave outside the rules. However, these are assessed on a discretionary basis.
As discussed above, extending a visa under its original route is often impractical when a major medical incident occurs, as most visa categories require applicants to continue meeting their original conditions of stay. However, in certain circumstances, the Home Office may exercise discretion to grant permission to remain in the UK outside the Immigration Rules. This discretion can also apply to individuals who are in the UK without legal status.
The Leave Outside the Immigration Rules (LOTR) application is for individuals who can demonstrate compelling compassionate grounds for remaining in the UK. If granted, leave is usually issued for a duration suitable to accommodate the compassionate circumstances raised. However, this is not a route to settlement.
In some circumstances, an individual facing serious and long-term physical or mental health conditions may consider a human rights claim, referencing their Article 2 ECHR right to life or Article 3 right to be free from inhuman or degrading treatment. A person who has suffered severe and permanent physical or mental harm due to a medical incident may argue that necessary treatment or support would not be available to them in their own country. However, the threshold for a successful human rights claim based on medical grounds is extremely high and requires strong supporting evidence.
Special considerations in relation to a sponsored worker (Skilled Worker, Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Scale-up Worker or Seasonal Worker.
As previously discussed, work visa holders are typically required to be actively employed, carrying out their sponsored role, and meeting salary thresholds.
The employer (sponsor) has immigration compliance duties to maintain their sponsor licence. Among these duties is the requirement to report significant changes in a worker’s circumstances to the Home Office. In accordance with Workers and Temporary Workers: guidance for sponsors part 3, an employer must report via the Sponsor Management System (SMS) within 10 working days if a sponsored worker:
· Is absent from work without permission for more than 10 consecutive working days.
· Takes unpaid leave or is on reduced pay (unless within permitted absences) for more than four weeks in a calendar year.
Certain absences from work are allowed under S4.26. of Workers and Temporary Workers: guidance for sponsors part 2, including:
S4.28 of the same guidance also provides that if an employer believes there are compelling reasons to continue sponsoring a work who has been absent from work without pay, or on reduced pay, for more than 4 weeks, the employer can report this and the reasons via SMS for the Home Office to consider.
Based on the discussion above, there may be opportunities for you to continue on the relevant work routes, as long as your sponsor is willing to maintain your sponsorship. This could apply if you are eligible for Statutory Sick Pay (SSP) for an extended period or if your sponsor has decided to continue your sponsorship for compassionate reasons that have been accepted by the Home Office. This would, of course, be an ideal solution for individuals on sponsored work routes who are seeking to settle in the UK.
A personal injury or medical emergency can cause immense disruption, but it does not mean you are without options. UK immigration law is complex, especially when medical issues are involved, and expert legal guidance is essential to protect your rights and secure your status in the UK.
At Latitude Law we specialise in immigration law and working alongside colleagues at specialist personal injury firms, help individuals navigate these challenges with clarity and confidence.
Feel free to get in touch today for tailored legal advice on your immigration matters.
Navigating UK immigration options during a personal injury or medical emergency can be overwhelming, especially when your status is at risk. At Latitude Law, our experienced team of immigration solicitors specializes in supporting individuals facing these challenges. Whether you need assistance with extending your visa, exploring Leave Outside the Rules (LOTR), or making a human rights claim due to medical circumstances, we provide expert guidance at every step. We also collaborate with specialist personal injury firms to ensure your immigration and legal needs are addressed holistically. Contact us today to secure tailored legal advice and the best possible chance of maintaining your status in the UK.
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As a boutique law firm specialising in UK-inbound immigration, Latitude Law understands the challenges of managing a personal injury or medical emergency alongside your immigration status. Our experts provide up-to-date advice on visa extensions, Leave Outside the Rules (LOTR), and human rights claims, handling your case with care.
With deep knowledge of immigration rules, including the Immigration Health Surcharge (IHS) and sponsored work visas, we offer practical, tailored solutions. Whether you hold a work, study, or visitor visa, we ensure a smooth process despite medical challenges.
We prioritise our clients, delivering clear, reliable advice so you can focus on recovery while we manage the legal complexities. Navigating the UK immigration system during a crisis can be daunting—let our experienced solicitors guide you through every step, from visa options to alternative routes like LOTR.
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To ensure success, let us expertly guide you through the Visa application process. Latitude Law’s specialist lawyers can help you compile all the necessary documentation and apply for your visa on your behalf - taking the stress out of the process.
Get in touch with our legal team today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Face your future knowing you have the dedicated support of one of our expert lawyers.
Are you looking to work in the UK? Getting a visa to work in the UK can be a complicated process. Some employment routes are governed by the Points-Based System (PBS). The rules can be complex and it is, therefore, vital that you consult a specialist immigration solicitor for legal advice and information before applying to work in the UK.
This work and study route provides an opportunity for international graduates of a list of top universities, awarded an overseas (non-UK) degree or postgraduate qualification within the last 5 years, to live and work in the UK for up to 2 years. This is an unsponsored route, which means you do not need a job offer before applying.
A Skilled Worker visa is available for skilled workers of all nationalities that have been offered a position from an eligible UK company who is a registered sponsor. This route can lead to settlement and applicants can be joined by dependent partners and children. This visa can last up to 5 years before you need to apply for an extension and should be updated if you change jobs or employer.
