Post
by zeke » Sun Jan 09, 2005 6:37 pm
First things first: Please accept our wishes for your wife’s complete and speedy recovery.
How disappointing to have the joy of your hard-won HSMP approval eclipsed by an illness! Life is certainly an unpredictable venture…
Now to your question.
In my opinion, you have experienced an extraordinary event in the form of a serious medical condition. If I were you (and I caution you that my remarks are not based on any special legal or immigration knowledge) I would ask the treating physician to write a letter on his/her letterhead explaining that your wife does have a serious medical condition which was diagnosed on such and such a date, and for which travel to the UK is medically contraindicated, probably until whatever the date is that he/she thinks your wife will be safe to travel.
Then I would write a letter myself to the HO officials, explaining that you are requesting a delay of the beginning of your initial HSMP year until the month in which the doctor says your wife may safely travel. You may want to explain that you are not requesting a new consideration of your application because there is nothing new or different about your scoring in HSMP scoring categories that requires reconsideration – you are simply asking for some flexibility by delaying the onset of your first year (ie, the stamping of the passport/ entry clearance) by about 6 months, based on your wife’s temporary but significant illness. (To me, it would be silly for you to have to make an entire new HSMP application. Based on the principle of equal opportunity, including not discriminating against the disabled –which I guess your wife is at this time – I would make the argument that HO permit you to simply delay the beginning of your first HSMP year.) You may want to add that you will not be recoursing to public funds because of your wife’s medical history (of course with the exception of the National Healthcare Service).
As for to whom these two letters should be sent – I haven’t got a clue. Maybe you could start by contacting the caseworker who evaluated your HSMP application (by fax, maybe?) – see what she suggests. Of course, it may take some time for a reply – but at this point, you aren’t going anywhere anyway, at least for the next several months.
Keep us posted on your progress..
Any other ideas from our colleagues on the board?
Be Well!