Father on Visitor Visa, Medical ground Leave to remain needed

[jomakin]

Dear Gurus,

My parents came to visit us from India on Visitor/family visit visa. Last month in December 2018 my Father became seriously ill and we took him to hospital. After a few hours, the doctors told us that he had suffered a heart attack and has lost function of his hear severely and now in a condition called Heart Failure.

He is able to talk and just about barely walk. My Mother is suffering from Arthritis in the arms and legs. She can not take care of him rather my father was looking after her.

My question is Is there a way in Human Right Grounds to apply for him to stay in the UK. What application to be done. I am aware of the Adult Dependent application but I am specificall asking about the application below:

https://www.gov.uk/government/publicati ... al-grounds

I am on ILR and so is my Spouse, we have three under 6-year-old kids all Citizens.

[jomakin]

Dear Gurus,

I only need to know the Application. I have searched online and have come to know of FLR(HRO) to be the application on Human right claims. Will this be the correct one if we apply on it saying he can not travel back?

Regards

[Casa]

"If you’re receiving private medical treatment in the UK
You can apply to extend your visa for a further 6 months if you:

have paid for any treatment you’ve already had in the UK
can and will pay the further costs of your treatment
continue to meet the eligibility requirements
You must also get a medical practitioner or NHS consultant who’s registered in the UK to provide:

proof of arrangements for your private medical consultation or treatment
a letter saying how long your treatment is likely to take
details of the progress of your treatment, if it’s already started"

https://visas-immigration.service.gov.uk/product/flr-ir

I'm sure this must be a difficult time for you and your family. Does your father have private medical insurance? If not, how are the medical fees being covered?

[jomakin]

Hi Casa,

Thanks for your kind reply.

The situation is that he was not here for any treatment but was here for a family visit. We do not have medical insurance for him and no one asked us to pay any bills.

I am just trying to find out if we can keep him here.

Q. Can he apply to stay here on the basis that he needs long term care as Heart Failure is a progressive disease and prognosis is not great. Its more or less a terminal illness with a low survival rate.

I want to know about FLR HRO. Is that the most appropriate application for such case? Or is there any other route available to us to keep him or to extend his stay even if it is temporary.

Regards,

[Anthony2]

The situation is that he was not here for any treatment but was here for a family visit. We do not have medical insurance for him and no one asked us to pay any bills.

I am just trying to find out if we can keep him here.

Medical insurance is not just required if you are coming here for treatment, they should have taken medical insurance for the trip in case of an emergency as NHS treatment is not free for people with a visitor visa.

To extend their stay your parents will have to prove that they need ongoing treatment and that they have paid for any treatment already received and pay for future treatment. You need to enquire about paying for your fathers treatment to help your case. Do medical conditions not have to be listed when applying for a visitor visa?

The Government has already introduced the immigration health surcharge for visas over 6 months, this charge has now doubled in the last few weeks. I wouldn't be surprised if in the future, visitor visas for 6 months or under will only be granted if the applicant has adequate medical insurance in place.

Apologies if I sound harsh, just saying it like I see it. New charges are introduced because there is a reason too.

Hope your father gets better and recovers soon.

[secret.simon]

no one asked us to pay any bills.

Emergency care at A&E is free for all, but any further followup care will be billed to your father at 150% cost.

NHS Services - Visitors from outside the European Economic Area (EEA)

And merely being treated here will not be grounds for getting leave to remain. His visit visa could be extended as Casa has advised above, but that will only be for the purpose of that specific treatment, after which he will be expected to return.

Q. Can he apply to stay here on the basis that he needs long term care as Heart Failure is a progressive disease and prognosis is not great. Its more or less a terminal illness with a low survival rate.

No.

[JB007]

Under present rules, treatment in A&E is free, but that treatment for free is very limited and is only the cheap stuff. The expensive healthcare is billed - stay on a ward, operation, post care, etc. If there is no insurance to pay the NHS, then as said, 50% is added to his bill.

Sadly you made a big mistake not making sure your visitors had full health insurance.

[JB007]

NHS England

The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 and Guidance on overseas visitors hospital charging regulations 2017 outline the following services in the NHS which are currently free of charge irrespective of country of normal residence (as long as the overseas visitor hasn’t travelled to the UK for the purpose of seeking that treatment):

. accident and emergency services, including all A&E services provided at an NHS hospital, for example, those provided at an A&E department, walk-in centre, minor injuries unit or urgent care centre. This does not include those emergency services provided after being admitted as an inpatient, or at a follow-up outpatient appointment,...

https://www.gov.uk/guidance/nhs-entitle ... alth-guide

[jomakin]

Thanks a ton all for your precious replies.

We have today booked air tickets to go back to India. I am going with my Parents so that I can get my father the correct care and treatment. I would stay there till all the arrangements are made, that would mean loosing out on income here and digging in to the meagre savings we have but what needs to be done needs to be done.

We spoke to Solicitors as well and they told us how difficult is the Adult Relative visa in this country.

Thanks again

[Casa]

The Solicitor was correct. The route to settlement for adult dependent relatives has been virtually closed since the Immigration Rules were tightened in July 2012, with very few success stories.

I hope your father recovers well.

[CR001]

In addition to Casa's post, make sure you settle the NHS bill or arrange a payment plan and stick to it if you wish your father to be granted a visit visa in future as the form specifically asks the question and HO do check.

Speedy recovery for your dad.