ILR on Compassionate ground.

kammy · Post by **kammy** » Mon Apr 03, 2006 5:17 pm

Hello,

This is regarding my friend who came in UK on a workpermit in January 2003 and was expecting to get ILR in 2007. Last year in AUGUST while he was working on an assignment for his employer had a major accident outside UK and has made him virtualy disabled. His wounds are still healing and his spine is hit hard. He can walk around but can't do normal things as he used to. He is still employed in the company and lives in UK.

In this situation can he get an ILR before his 5 years WorkPermit duration on compassionate ground.

Can he get to stay here on compassionate ground even if he looses his job. As he has become a liability to the employer, he is afraid the company might fire him. It will be very hard for him to live with disability in his own native country.

He hasn't claimed any compensation yet.

Your input in this and any other suggestion will be appreciated.

Thanks

stedman · Post by **stedman** » Mon Apr 03, 2006 5:56 pm

What are the compassionate reasons why he should get ILR before it is due?

tvt · Post by **tvt** » Mon Apr 03, 2006 11:41 pm

No chance. They will simply tell him to recover in his home country.

Kayalami · Post by **Kayalami** » Tue Apr 04, 2006 12:55 am

tvt wrote:No chance. They will simply tell him to recover in his home country.

With respect I beg to differ - several tribunal rulings indicate that where Article 3, HRA threshold in so far as 'degrading/inhuman treatment' to include that as a result of inadequate medical care back home, is reached, ILR can be granted. One would need to review the medical position in significant detail to ascertain meeting the very high Article 3 threshold and making representations as appropriate.

tvt · Post by **tvt** » Tue Apr 04, 2006 10:30 am

Kayalami wrote:With respect I beg to differ - several tribunal rulings indicate that where Article 3, HRA threshold in so far as 'degrading/inhuman treatment' to include that as a result of inadequate medical care back home, ILR can be granted.

If that was indeed the case all HIV patients in Africa would have the right to come to the UK to get treatment.

Aleksas · Post by **Aleksas** » Tue Apr 04, 2006 3:46 pm

Well, I would think not because the people in africa have no link to the UK.

In adition, they were not infected (or injurted etc) whilst doing something UK related (working for a UK company, or being injured in the UK etc...)

Thats just my opinion

I could be wrong

Lex.

Chess · Post by **Chess** » Tue Apr 04, 2006 4:40 pm

tvt wrote:
Kayalami wrote:With respect I beg to differ - several tribunal rulings indicate that where Article 3, HRA threshold in so far as 'degrading/inhuman treatment' to include that as a result of inadequate medical care back home, ILR can be granted.
If that was indeed the case all HIV patients in Africa would have the right to come to the UK to get treatment.

TVT; why didnt you use Argentina in your example?

whichever way you look at it - the example is irrelevant as the person concerned was and is still working in the UK..

tvt · Post by **tvt** » Tue Apr 04, 2006 4:43 pm

Chess,

I mentioned Africa in the example because the situation there is the worst in terms of humanitarian need. In Argentina HIV is quite rare but in some parts of Africa it's quite common and the effect on local population is horrendous.

This poor guy does not need to convince me I would grant him ILR straight away. The problem is that he needs to convince the tough guys from the Home Office. For them compassionate reasons only come to play if there is a strong link to the UK and stong link is through a UK citizen / ILR family member.

timefactor · Post by **timefactor** » Tue Apr 04, 2006 5:15 pm

Can we consider an owned home in UK or school going kids examples of strong link?

tvt wrote:Chess,

This poor guy does not need to convince me I would grant him ILR straight away. The problem is that he needs to convince the tough guys from the Home Office. For them compassionate reasons only come to play if there is a strong link to the UK and stong link is through a UK citizen / ILR family member.

supertiger · Post by **supertiger** » Tue Apr 04, 2006 7:35 pm

I have friend came here with marriage visa but her husband unfortunately died after 1.5 years so she applied for ILR on the compassionate ground and was granted. But the difference is her original marriage visa was actually expired once her spouce died so she need to apply for a different visa to stay here. And yr friend;s WP is still valid so cannot see any reason HO will process his application. If his employer has responsibility in his accident then they should look after him according to his contract or other terms and condition. I think he has to maitain the employment at least before he's eligible to apply for ILR, as he still needs an employer's letter to confirm his employment...

timefactor · Post by **timefactor** » Tue Apr 04, 2006 8:28 pm

Good to hear that. I had a worry in mind always, as i'm the main source of income of my family and on WP in this country. All my last 3.5 year income has forked out against mortgage and other assets with an assumption that myself and family gets ILR in 4 years time.

supertiger wrote:I have friend came here with marriage visa but her husband unfortunately died after 1.5 years so she applied for ILR on the compassionate ground and was granted. But the difference is her original marriage visa was actually expired once her spouce died so she need to apply for a different visa to stay here. And yr friend;s WP is still valid so cannot see any reason HO will process his application. If his employer has responsibility in his accident then they should look after him according to his contract or other terms and condition. I think he has to maitain the employment at least before he's eligible to apply for ILR, as he still needs an employer's letter to confirm his employment...

supertiger · Post by **supertiger** » Tue Apr 04, 2006 8:39 pm

[quote="timefactor"]Good to hear that. I had a worry in mind always, as i'm the main source of income of my family and on WP in this country. All my last 3.5 year income has forked out against mortgage and other assets with an assumption that myself and family gets ILR in 4 years time.

Timefactor, you are not saying you are going to apply ILR on the compassioate ground, are you?

timefactor · Post by **timefactor** » Tue Apr 04, 2006 8:59 pm

No No... i'm saying in an unfortunate event....

supertiger wrote:
timefactor wrote:Good to hear that. I had a worry in mind always, as i'm the main source of income of my family and on WP in this country. All my last 3.5 year income has forked out against mortgage and other assets with an assumption that myself and family gets ILR in 4 years time.

Timefactor, you are not saying you are going to apply ILR on the compassioate ground, are you?

supertiger · Post by **supertiger** » Tue Apr 04, 2006 9:09 pm

ok timefactor I was just about to think whether we all can apply on that common ground...

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ILR on Compassionate ground.

ILR on Compassionate ground.