What form to use for dependent father human rights grounds

[Aftdas]

Dear All

I have a dependent father who is here in the UK on a visitor visa. Due to his medical conditions he is dependent on me for his everyday tasks like washing, putting clothes on, etc and requires constant care. I would like to apply for him to stay here in the UK but I am not sure which application form to use. Could someone tell me the correct application form to use if I apply for him to stay with me on human rights grounds? I would highly appreciate any help.

Thanks

Aftdas

[Highly_Skilled]

FLR (FP)

However, I would express caution in applying on the grounds of Human Rights based upon medical grounds unless your father has a severe terminal illness.

[Casa]

Has his health and well-being deteriorated since he arrived on a visitor visa? How is he paying for any medical treatment he may have required?

[Aftdas]

Thanks for the replies guys. Casa my father's health has not deteriorated. He has diabetes, blood pressure and a partial physical disability for which he does not really need medicine.Had my father still been in Pakistan, I wouldn't have had to apply for him to stay on human rights grounds. It is different when you hear on the phone that the father is in bad state back home, it never really sinks in. I had him come over on family visitor visa because I could not go. It breaks my heart when i see him struggling to just put clothes on, not being able to walk far therefore not being able to do shopping on his own. I have to assist him in taking shower and using the toilet.

[Wanderer]

1. This visa is practically impossible to obtain.

2. It's very expensive.

3. He has family back home http://www.immigrationboards.com/irelan ... l#p1060392

4. When refused wold mean no more visit visas.

5. No Human Rights have been denied here.

[Casa]

You would also have to show that you are unable to afford to pay for the care in his home country, or it would be unavailable. Unless his home country had higher care charges than the UK this would be virtually impossible to argue. Wanderer has rightly said that from the information posted in your other thread he has other family living in his home country. There is no violation of human rights by denying him settlement while on a visitor visa.
Does he have private medical insurance to cover any medicines or treatment he may need while he's here?

[Aftdas]

Thanks for the reply Casa. Could you tell me if I can fill my details in the payment section of my father's FLR(FP) form?

[Wanderer]

Thanks for the reply Casa. Could you tell me if I can fill my details in the payment section of my father's FLR(FP) form?

He'd have to apply from his home country, form VAF4A and SU07 for the financial undertakings declaration I think.

Not sure about the NHS surcharge for this visa since so few apply and the rules have just changed, It's £1906 for the visa and possibly a further £1000 for the NHS surcharge if it applies.

[Casa]

Thanks for the reply Casa. Could you tell me if I can fill my details in the payment section of my father's FLR(FP) form?

I've no idea as I don't know of anyone who has applied under FLR(FP) for an elderly parent who has entered on a visitor visa. Are you aware that the option of Family life as a parent (5 & 10 year route) applies to a parent of a child or children, not a parent of an adult ?
If his general condition hasn't deteriorated since he arrived here, the UKVI are likely to take the view that he entered the UK as a visitor with the intention to remain in the UK. You've already been advised that if this application fails, it will close the door for future visitor visas.
On another matter, how are you going to pay for any medical treatment?

[secret.simon]

As you have been advised, the chances of success for you are extraordinarily slim. I am not sure whether the issue you have raised comes under Human Rights at all, but given the care your father appears to need, you may wish to consult the Joint Council for the Welfare of Immigrants. They are looking for a test case to argue against the Adult Dependant Relative route restrictions in court. They also run a consultation surgery to advise further on it.

From the link that Wanderer sent, it is obvious you are already aware of the Surinder Singh route. You would be more likely to get a positive result through that avenue than through a "human rights" approach.

[Aftdas]

Thanks guys for your replies. I really appreciate your help. Casa I am aware of the Surinder Singh route and will have to take it eventually if all else fails. However, I would like to put in for my father through the FLR(FP) first. Can I still make use of the Surinder Singh route should my father's FLR(FP) application be refused?

[secret.simon]

The Surinder Singh route is under EEA Regulations/EU law and hence is unaffected by failure of an application under the UK Immigration Rules/UK law.

[Casa]

I've asked about the payment of medical treatment (including GP visits) for an important reason. Does your father have private medical insurance?

[Amber]

See also, Adult dependant relative – care requirement (click).

[Aftdas]

Thank you all for providing some very useful information. Casa, I do not have private medical insurance for my father but I am willing to take out one for my father should that help my father's case for settlement. Through my employer I can join a scheme called Hospital Saturday Fund that will pay half the cost of treatment, you just need to send them the receipts of your payments towards treatment. I do not know if they cover all types of illnesses but that is something I can certainly find out. Could you advice me of any affordable medical insurance that I can take out for my father. Thanks and bless all!

[Casa]

Has he used NHS facilities including GP visit and prescribed medication since he arrived here?

[Aftdas]

Yes, my father has paid visit to our local surgery where they registered him temporarily in order to prescribe him his diabetes and hypertension tablets that he takes everyday. He was given the prescription twice by the surgery but the third time round they refused and told him that his temporary registration had run out. My father had to go and get private prescription to get his medication.

[CR001]

Did your father pay to see the GP and pay for his medication on the first two prescriptions? He is not entitled to free NHS services which is why Casa has been asking the question.

by Casa » Mon Jun 01, 2015 7:50 pm
Has his health and well-being deteriorated since he arrived on a visitor visa? How is he paying for any medical treatment he may have required?

by Casa » Wed Jun 03, 2015 10:55 am
Does he have private medical insurance to cover any medicines or treatment he may need while he's here?

by Casa » Sun Jun 07, 2015 8:55 pm
On another matter, how are you going to pay for any medical treatment?

by Casa » Mon Jun 08, 2015 8:58 am
I've asked about the payment of medical treatment (including GP visits) for an important reason. Does your father have private medical insurance?

[Aftdas]

The surgery did not charge my father to write him a prescription and because they put my father's age on the prescription, the pharmacy did not charge my father.

Apart from above, can someone advice me what healthcare surcharge is. My father is over 65, is he exempt from it?

[CR001]

The surgery did not charge my father to write him a prescription and because they put my father's age on the prescription, the pharmacy did not charge my father.

He should have registered as a private patient and paid for a private prescription and medication costs.

My father is over 65, is he exempt from it?

No, he is not exempt. IHS Surcharge (Click)

[Casa]

I would strongly advise you to ask the GP's surgery if you can pay for any treatment and medication your father has been provided with, before submitting any application.
Grounds for refusal of any future visa applications due to 'aggravating circumstances' within the guidance of the Immigration Rules;
"getting NHS care to which they are not entitled"


The Home Office Case Worker will look for a legitimate reason for refusing an FLR(FP) application and non-payment of NHS facilities with an already weak application will hand them a refusal on a plate.

[Aftdas]

The Health Care Surcharge is a rip off for an elderly dependent. I think paying so much for my father's application when I know the outcome already is not on with me. My plan B is to take my father to Ireland. Any help in that regard will be highly appreciated. Despite trying with all high street banks I could not open an account in my father's name so i can't prove that he has been dependent on me financially while he was here in the UK. How do I go about taking my father to Ireland? Crossing over from Northern Ireland into Southern Ireland would we face immigration control? What happens there? Again, I would be indebted to you all for helping out.

[drinver]

A health care surcharge of 200 pounds per year giving totally unrestricted access to the NHS including someone of any age and with existing health problems is an amazingly good deal. For comparison, I live outside the UK and pay 3000 per year for medical insurance with a whole range of restrictions and conditions that aren't covered or only for a limited period.

If the application isnt successful the health surcharge is refunded.

The NHS is only free at point of access. It is funded by taxpayers for people resident in the UK, this does not include visitors who are well advised to obtain medical insurance to cover them for their visit in case they need medical treatment. Someone with an existing condition who needs ongoing medication should either bring sufficient supplies with them or pay for private prescriptions.

[Aftdas]

Any advice on regards to taking my father to Ireland, anyone?

[Wanderer]

Any advice on regards to taking my father to Ireland, anyone?

Not from me, in 12 months time I reckon this door will be firmly shut, IMHO....