Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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GPSMASTER
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by GPSMASTER » Tue Apr 17, 2018 9:35 am
Hi All,
I just started working with tier 2 Gen visa , after 5 years I will be eligible for ILR.
My parents were here to visit me on a tourist visa for which I have given a letter to home office as part of the visa application , taking the responsibility for any expenses
While being here my father had to go to A and E due to a organ failure , we did not take travel insurance which is a blunder in hind site. Now there is a bill for 27K which we can't afford.
1: will the debt impact my ILR application after 5 years. Technically its for my dad to pay but I am next of kin as per NHS records and visa sponsor as per home office
2: NHS bill is of 27K is 150% charge as per the policy, I want to pay as much as I can afford . they offer payment plan which is still quite high considering my monthly outflows . now I feel if it going to impact my ILR in anycase then no point in making a partial payment , will there be any lenency. or confederation base on how much I pay ?
Thanks in advance for your guidance on this
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mrsabih
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by mrsabih » Tue Apr 17, 2018 9:40 am
GPSMASTER wrote: ↑Tue Apr 17, 2018 9:35 am
Hi All,
I just started working with tier 2 Gen visa , after 5 years I will be eligible for ILR.
My parents were here to visit me on a tourist visa for which I have given a letter to home office as part of the visa application , taking the responsibility for any expenses
While being here my father had to go to A and E due to a organ failure , we did not take travel insurance which is a blunder in hind site. Now there is a bill for 27K which we can't afford.
1: will the debt impact my ILR application after 5 years. Technically its for my dad to pay but I am next of kin as per NHS records and visa sponsor as per home office
2: NHS bill is of 27K is 150% charge as per the policy, I want to pay as much as I can afford . they offer payment plan which is still quite high considering my monthly outflows . now I feel if it going to impact my ILR in anycase then no point in making a partial payment , will there be any lenency. or confederation base on how much I pay ?
Thanks in advance for your guidance on this
As long as you paying monthly minimum payments you will be fine if you leave it as a debt it will impact Ur ILR
I was on home office as premium service and in next window I heard similar case and case worker said to lady he don't grant her ILR until he have confirmation from NHS that she is paying off that debt
Do good and get reward
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zimba
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by zimba » Tue Apr 17, 2018 12:43 pm
NHS bodies use their own internal processes to recover the monies owed, and will only notify the Home Office once the debt has been outstanding for 2 months and there is no agreement to pay by instalments.
Refusal on the basis of NHS debt is discretionary rather than mandatory. You must consider the following before refusing leave to remain on the basis of NHS debt:
• you must be satisfied that there are no compelling, compassionate circumstances or human rights considerations which would make refusal inappropriate because discretion should be exercised in the person’s favour
• the unpaid debt relates to one or more NHS bodies and the total value of the debt is at least £1000 or more incurred on or after 1 November 2011 (for all case types), or either:
o (in the case of applications other than those made under Appendix FM / Appendix Armed Forces) £500 or more incurred on or after 6 April 2016
o (in the case of applications made under Part 7 paragraph 276ADE(1), Appendix FM / Appendix Armed Forces) £500 or more incurred on or after 24 November 2016 in line with the relevant NHS regulations
You must only consider refusing an application on the basis of NHS debt if the NHS debt information has been supplied or confirmed by a NHS body.
If checks do not confirm the application has an outstanding NHS debt, you must not refuse the applicant on this basis, even if they have received NHS treatment.
Guide:
https://assets.publishing.service.gov.u ... 9.0EXT.PDF
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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GPSMASTER
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by GPSMASTER » Tue Apr 17, 2018 7:32 pm
Hi Thank you for the details. The guidance says the debt must be attached to the person making the application. What I am looking for is will HMO consider this debt as attached to me or is my father only .
I am aware that my fathers visa is likely to be refused if he applies again
Regards
G
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zimba
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by zimba » Wed Apr 18, 2018 12:12 am
Exactly. Why should you be punished for debt incurred by your father ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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cyclina1
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by cyclina1 » Wed Apr 18, 2018 12:27 am
GPSMASTER wrote: ↑Tue Apr 17, 2018 9:35 am
Hi All,
I just started working with tier 2 Gen visa , after 5 years I will be eligible for ILR.
My parents were here to visit me on a tourist visa for which I have given a letter to home office as part of the visa application , taking the responsibility for any expenses
While being here my father had to go to A and E due to a organ failure , we did not take travel insurance which is a blunder in hind site. Now there is a bill for 27K which we can't afford.
1: will the debt impact my ILR application after 5 years. Technically its for my dad to pay but I am next of kin as per NHS records and visa sponsor as per home office
2: NHS bill is of 27K is 150% charge as per the policy, I want to pay as much as I can afford . they offer payment plan which is still quite high considering my monthly outflows . now I feel if it going to impact my ILR in anycase then no point in making a partial payment , will there be any lenency. or confederation base on how much I pay ?
Thanks in advance for your guidance on this
except you are the guarantor of your father, or this is your father's debt not yours. you even don;t need to pay a penny, but of course your father cannot come again except he pay off the debt.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.