Disable Child's right to remain in UK

[sharmahamu]

Hi
I am an Indian citizen, came UK in Dec-2012 on Tier 2 ICT. My visa is about to end up in Dec-2016 and employer wants me to go back to India.
However, after arriving UK with my wife and 3 years old Son. Who is 7 years now. I found that he is suffering from severe muscular disease,he was diagnosed in year 2014. Since then he is undergoing the medical treatment from the NHS and GOSH,london hospital. His physical condition is deteriorating and his is unable to walk at the moment.
Local paediatrics and GP has given the wheelchair and other medical equipment to support his day-2-day needs. His disease is incurable and there is no treatment available worldwide.
So looking into his medical need and social life, I am looking for some option to stay in UK. I have talked to couple of solicitors but none of them gave me any hope. As per their consultation, Home office would reject my appeal if i file on behalf of my Son's medical condition and they also said that in India all disable's policies are in place and home office will refuse the case immediately.

therefore I am looking for some help to stay in UK for his sake.

[Obie]

It is dependent on the facts of the case.

Your child is not a health tourist. These post date his arrival, and if removal will affect the continuity of treatment, it may not only affect article 8, but will possibly trigger article 3.

Your lawyers don't appear to be entirely right.

[sharmahamu]

Hi , MY OT and Counselor recommend us to apply for DLA (Disable living allowance) and Wheelchair for my SON. Doing so, will that help to make my case stronger? I am still not sure whether appealing on Article 3 and Article 8 will go into my favor or not.One of Lawyer opinion was since India has all the Disabilities facilities in place. it is very unlikely that Home office will approve the appeal case.

[kingstons vc]

yes you're option is to apply on human rights grounds.
under article 8, you're child is also protected under section 55 of the borders citizenship and immigration act 2009.
The home office will argue that there is proper treatment available for your child in your country of residence, the burden of proof will be on you to prove it is not.
You need to hire an immigration lawyer who can deal with your case.

claims under article 3 are mostly made in asylum and refugee cases , if you succeed under article 3, which is very very slim, then it would be unprecedented. As from what you have said,i do not see any basis for an article 3 claim- (prohibition of torture)

[Casa]

From the 1st December all appeals will be heard outside of the UK.