For many British workers, retiring abroad in countries such as Spain, Greece, or France is seen as a well-earned reward after decades of hard work. Sadly, for some, this dream is overshadowed by an unexpected diagnosis of an asbestos-related illness, such as mesothelioma, while living overseas.

Mesothelioma can take decades to develop with the average being 30-40 years, meaning many individuals receive their diagnosis during retirement abroad. This creates significant challenges for British expats who must pursue compensation in the UK while navigating unfamiliar and often complex healthcare systems overseas.

This article explores how Brexit has affected asbestos-related claims for expats, particularly those living abroad with cancer, and what rights remain for British citizens diagnosed outside the UK.

What are expat claims?

An “expat claim” arises when someone exposed to asbestos in the UK later develops an asbestos-related illness while living abroad. Despite residing overseas, they retain the right to pursue compensation in the UK because the exposure occurred there.

These cases face further challenges when compared to claimants who are UK-based. For example, gathering medical evidence from foreign healthcare providers, securing witness statements remotely and understanding systems of healthcare and benefits.

Living abroad with cancer

Receiving a cancer diagnosis is life-changing under any circumstances, but for expats there are added emotional and practical challenges. These include:

• Difficulty accessing specialists familiar with asbestos-related diseases;
• Language barriers and problems obtaining English medical records;
• Feelings of isolation from family and support networks in the UK; and
• In some countries, reliance on private healthcare or costly insurance, adding financial strain to an already devastating situation.

The impact of Brexit on retired Brits abroad

Before Brexit, UK citizens living in the EU benefited from schemes such as EHIC and S1, which allowed retirees to access local healthcare funded by the UK. Post-Brexit, these schemes have changed:

S1 eligibility now applies only to those receiving a state pension or certain “exportable” benefits. Expats can therefore no longer qualify based solely on benefits like Disability Living Allowance or Personal Independence Payment unless they held them before 1 January 2021.

EHIC cards remain valid until expiry, after which they are replaced with a GHIC card. However, GHIC offers more limited coverage (e.g., it is not valid in Iceland or Norway) and neither card covers private treatment.

Expats covered by the Withdrawal Agreement retain some healthcare rights, but only if they meet strict conditions, such as permanent residence or private insurance, and were living abroad before 1 January 2021. Newer expats no longer enjoy automatic NHS-funded treatment abroad, making access to care more complex for those with serious asbestos-related illnesses.

While the right to bring a claim in the UK remains unchanged, Brexit has introduced practical barriers, including:

• Longer delays in obtaining and legalising foreign medical documentation;
• Increased travel costs for medical assessments;
• Additional administrative steps for UK law firms liaising with foreign authorities;
• Complications in accessing UK state benefits and industrial disease compensation schemes.

Case study: Kim’s journey

Kim retired to Egypt with her husband, intending to settle there permanently. Decades after asbestos exposure in the UK, she was diagnosed with mesothelioma. Her treatment options were limited locally, forcing her to incur significant expenses travelling from Sharm El Sheikh to Cairo for specialist care. Sadly, due to the complexity of her condition and the challenges of accessing suitable treatment abroad, Kim ultimately had to return to the UK for ongoing care—a difficult outcome given her plans to remain in Egypt for the remainder of her life.

RWK Goodman’s specialist Mesothelioma and Asbestos team successfully secured a six-figure settlement for Kim, ensuring financial support during an incredibly challenging time. We also recovered Kim’s relocation costs as a part of her claim when she returned to the UK for treatment. Read more about Kim’s story later in this edition.

Conclusion

Brexit has not removed the right of ex-pats to pursue asbestos-related claims in the UK, but it has made the process—and access to healthcare—more complex for them.

Obtaining expert legal advice as soon as possible after being diagnosed with an asbestos-related disease is crucial so we can assist you to navigate these challenges and secure much-needed financial support.