Elderly dependent-Outside Country Apln-Is NHS a public fund?

[Raj_Gopal]

Hi,

1. I applied for an ILE (PR) visa for my parents in Nov-2011 (old rules) in India, which was refused by ECO in Jan-2012. Main refusal reason was that my father is a kidney patient undergoing dialysis and I would not be able to adequately maintain them without recourse to public funds.

2. I appealed to first tribunal through a solicitor; hearing got over in Aug-2012. First tribunal judge has also dismissed the appeal stating the same reason, that the dialysis through NHS is expensive in UK and I do not have enough evidence to fund it without recourse to pulic funds.

3. Background to the application:
a) I am a UK citizen by naturalisation
b) My father is 65 years old and I am their only child
c) My parents do not have any close relative to rely on in India.
d) They receive some nominal pension and live in a flat owned by me in India.
e) I regularly send money to them.
f) In the original refusal letter from ECO, there was no concern raised on 'financial dependency' and I assume that they have accepted that my parents are wholly/mainly dependent on me. Though in the hearing before first tribunal, Judge has raised a concern that he is not convinced they financially depend on me, as they are receiving some pension.

4. My solicitor has suggested that we go for appeal in upper tribunal.

5. With this background, I have following questions, if someone can kindly advise me:

a) Is NHS a public fund for applications made outside UK, assuming that I cannot privately fund the cost for the dialysis in UK ? I am certainly NOT bringing them to UK for medical treatment; that is not my intention.
b) Can homeoffice/immigration judge raise a NEW concern (on the financial dependency) now to reject the appeal, as this was NOT in the original ECO refusal letter ?
c) Is it worth going for appeal to upper tribunal ?

Thanks and Regards,
Raj.

[Lucapooka]

NHS services for UK residents are not public funds but your parent's potential use of NHS facilities was not the reason the visa was refused.

[Raj_Gopal]

NHS services for UK residents are not public funds but your parent's potential use of NHS facilities was not the reason the visa was refused.

Hi,

The main part of the judgement from first tribunal is as below:

"The main issue which I have to consider here is the cost of the medical treatment been received by the appellent.... it is well know that dialysis is a very expensive treatment and if the sposor was able to obtain this on the National Health Service, it would save him a great deal of money. It is clear that he is being treated successfully in India. If the sponsor was required to pay privately for dialysis in the UK, he has not proved that he would be able to do this without resorting to public funds. I therefore consider that the appellent does not meet the requirements of the immigration rules and his appeal on this basis is dismissed "

So it was dismissed on the potential use of NHS as public funds.

Thanks and Regards,
Raj.