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Adult Parents settlement visa

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ADAMALI
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Adult Parents settlement visa

Post by ADAMALI » Thu Mar 26, 2015 6:49 pm

Dear,
Here is bit background about my query. I am a British citizen and sponsored my parents over 65 years old living in Pakistan for 'Adult Parents Settlement Visa' during Feb 2014 satisfying all conditions and also the major condition to avail this visa for both of them that is; they are old and having critical medical conditions and can't look after themselves and Medical Certificates for both of them states that they need permanent long term care on regular basis. As they are living along in a complete state of isolation, because their both sons are living in UK and only daughter is married and living with her husband and three children in outskirts of the city they living.
However during mid Oct 2014 we got refusal, and ECO provides reasons that one applicant which is my mother even having medical conditions but still able to perform her routine tasks on her own and so she can also look after her husband (my father) as well, although her husband (2nd applicant, my father) is a critical heart patient and ECO completely satisfied about my father's need for regular family care but as per ECO her wife (1st applicant, my mother) is still able to carry out routine tasks so can also look after him.
We filled an appeal in first week on Nov 2014 against this refusal and last month we got hearing date for 20 Jul 2015, which is after 8 months of filling an appeal.

I want to request to please provide me with your expert opinion that if we request to court to provide hearing date as early as possible based on medical grounds of both applicants (by arranging medical letters stating that patient, applicant 1's medical condition has continued to deteriorate and causes her significant difficulty with her sleeping and has dramatically reduced her ability to look after herself and to do her routine tasks on regular basis and making her very vulnerable.
{She is a known patient of hypertension and Hyperuricemia. She is also suffering from chronic Knee and Ankle joints pain and muscle stiffness since Dec 2013. She is on Triple oral antihypertensive drugs but her blood pressure is still uncontrolled, her medical condition has gone worse over time and is not subject to recuperation. She now presents frequently with complains of vertigo, severe headaches and vomiting due to high blood pressure and also has difficulty to walk and perform daily tasks due to muscle stiffness and joints pain.}

By presenting such medical letter to expedite the case to get an early hearing date for our case, will it have any negative effect on the case or not? As someone has told us that by presenting such critical illness will give an impression that applicants will be burden on NHS as they having very critical medical conditions and will immediately pursue NHS services. So better to wait for hearing as normal in Jul 2015 rather than pushing it to get early.

Please based on above reasons can you please advise what course of action we should take, that is whether to expedite the case by requesting early hearing date based on above reasons or NOT? Please help. Many Thanks!


Kind Regards!
Ali

Wanderer
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Re: Adult Parents settlement visa

Post by Wanderer » Thu Mar 26, 2015 7:15 pm

Can't you pay for care in their home country? Hell of sight cheaper than paying for it here, there's no way NHS will stump the cost so you'll need private cover which will be astronomical given pre-existing conditions.

Did you think this through properly?
An chéad stad eile Stáisiún Uí Chonghaile....

ADAMALI
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Re: Adult Parents settlement visa

Post by ADAMALI » Fri Apr 03, 2015 11:45 am

They are living in a complete state of isolation. There is no replacement to personal family care and also there are no such courses or institutes which give training to prepare people to provide care to vulnerable old people.
So we not getting them here for NHS free treatment, it is just so that they can live with us only.
Beside this having a settlement visa are not they be eligible for general NHS treatment like anyother settled person???

Wanderer
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Re: Adult Parents settlement visa

Post by Wanderer » Fri Apr 03, 2015 12:54 pm

ADAMALI wrote:They are living in a complete state of isolation. There is no replacement to personal family care and also there are no such courses or institutes which give training to prepare people to provide care to vulnerable old people.
So we not getting them here for NHS free treatment, it is just so that they can live with us only.
Beside this having a settlement visa are not they be eligible for general NHS treatment like anyother settled person???
No NHS, you have to show they will not need Public Fund (inc NHS) for 5 years.

Pointless exercise anyway, theses visa are scarcely ever granted (like 2 or 3 since the rule change in 2012) and I sure in those cases its because there is no local care is affordable - i.e. USA etc
An chéad stad eile Stáisiún Uí Chonghaile....

ADAMALI
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Re: Adult Parents settlement visa

Post by ADAMALI » Thu Apr 09, 2015 11:09 am

Wanderer wrote:
ADAMALI wrote:They are living in a complete state of isolation. There is no replacement to personal family care and also there are no such courses or institutes which give training to prepare people to provide care to vulnerable old people.
So we not getting them here for NHS free treatment, it is just so that they can live with us only.
Beside this having a settlement visa are not they be eligible for general NHS treatment like anyother settled person???
No NHS, you have to show they will not need Public Fund (inc NHS) for 5 years.

Pointless exercise anyway, theses visa are scarcely ever granted (like 2 or 3 since the rule change in 2012) and I sure in those cases its because there is no local care is affordable - i.e. USA etc
I am afraid your information about public funds is not correct. NHS doesn't comes under public funds. So anyone who have a settlement / FLR / Spouse visa for UK is entitled to to have NHS services.
Public funds: https://www.gov.uk/government/publicati ... blic-funds

Wanderer
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Posts: 10511
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Re: Adult Parents settlement visa

Post by Wanderer » Thu Apr 09, 2015 11:46 am

ADAMALI wrote:
Wanderer wrote:
ADAMALI wrote:They are living in a complete state of isolation. There is no replacement to personal family care and also there are no such courses or institutes which give training to prepare people to provide care to vulnerable old people.
So we not getting them here for NHS free treatment, it is just so that they can live with us only.
Beside this having a settlement visa are not they be eligible for general NHS treatment like anyother settled person???
No NHS, you have to show they will not need Public Fund (inc NHS) for 5 years.

Pointless exercise anyway, theses visa are scarcely ever granted (like 2 or 3 since the rule change in 2012) and I sure in those cases its because there is no local care is affordable - i.e. USA etc
I am afraid your information about public funds is not correct. NHS doesn't comes under public funds. So anyone who have a settlement / FLR / Spouse visa for UK is entitled to to have NHS services.
Public funds: https://www.gov.uk/government/publicati ... blic-funds
That's not true - there was post on here about it - too many threads on this subject to search through tho....
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Re: Adult Parents settlement visa

Post by secret.simon » Thu Apr 09, 2015 12:16 pm

While there are NHS charges for overseas visitors, they may not apply to adult dependant relatives of ILR holders and British citizens, who get settled status (ILR) immediately.

However, the OP's parents can get rejected under Paragraph 317 (v) of the Immigration Rules ,which requires that the applicant (OP's parents) have no close relatives in the country. The OP has mentioned having a sister in the same city as the parents. That may present another possible impediment to the application.

See page 40 of the document linked below

https://www.gov.uk/government/uploads/s ... _final.pdf

Also, see the JCWI report on Adult Dependant Relatives visas

http://www.jcwi.org.uk/sites/default/fi ... report.pdf

ADAMALI
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Re: Adult Parents settlement visa

Post by ADAMALI » Thu Apr 09, 2015 12:46 pm

secret.simon wrote:While there are NHS charges for overseas visitors, they may not apply to adult dependant relatives of ILR holders and British citizens, who get settled status (ILR) immediately.

However, the OP's parents can get rejected under Paragraph 317 (v) of the Immigration Rules ,which requires that the applicant (OP's parents) have no close relatives in the country. The OP has mentioned having a sister in the same city as the parents. That may present another possible impediment to the application.

See page 40 of the document linked below

https://www.gov.uk/government/uploads/s ... _final.pdf

Also, see the JCWI report on Adult Dependant Relatives visas

http://www.jcwi.org.uk/sites/default/fi ... report.pdf

Thanks Simon, this is exactly what I meant above. So according to this, my parents after getting Adult parents settlement Visa will be eligible for NHS as normal, if needed.

secret.simon
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Re: Adult Parents settlement visa

Post by secret.simon » Thu Apr 09, 2015 12:52 pm

secret.simon wrote:While there are NHS charges for overseas visitors, they may not apply to adult dependant relatives of ILR holders and British citizens, who get settled status (ILR) immediately
I said "may not". It is a possibility, not a certainty.

Amber
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Re: Adult Parents settlement visa

Post by Amber » Thu Apr 09, 2015 1:11 pm

If they were granted ILE as would be the case, NHS services would be free.
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vinny
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Re: Adult Parents settlement visa

Post by vinny » Thu Apr 09, 2015 1:17 pm

secret.simon wrote:However, the OP's parents can get rejected under Paragraph 317 (v) of the Immigration Rules
317 was replaced with EC-DR from 9 July 2012?
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secret.simon
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Re: Adult Parents settlement visa

Post by secret.simon » Thu Apr 09, 2015 4:32 pm

I learnt something new today. Thanks Vinny.

sunnys
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Re: Adult Parents settlement visa

Post by sunnys » Sun Jan 17, 2016 9:07 pm

No NHS, you have to show they will not need Public Fund (inc NHS) for 5 years.

Pointless exercise anyway, theses visa are scarcely ever granted (like 2 or 3 since the rule change in 2012) and I sure in those cases its because there is no local care is affordable - i.e. USA etc[/quote]

I am afraid your information about public funds is not correct. NHS doesn't comes under public funds. So anyone who have a settlement / FLR / Spouse visa for UK is entitled to to have NHS services.
Public funds: https://www.gov.uk/government/publicati ... blic-funds[/quote]

That's not true - there was post on here about it - too many threads on this subject to search through tho....[/quote]

Wanderer - I am looking for evidence to establish what you mentioned above especially the NHS - "No NHS, you have to show they will not need Public Fund (inc NHS) for 5 years."

You also mentioned about a post suggesting how "NHS is not a public fund" - is not be true.
Then secret.simon says "NHS may be free" and Amber stats NHS is free for those with ILE.

confusion

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Casa
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Re: Adult Parents settlement visa

Post by Casa » Sun Jan 17, 2016 9:32 pm

Amber is correct. If Adult Dependent Relatives are issued with ILE they are exempt from paying the NHS surcharge. However, as has already been mentioned, to put it very bluntly, these visas are now as rare as rocking horse poo. :(
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sunnys
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Re: Adult Parents settlement visa

Post by sunnys » Mon Jan 18, 2016 2:25 pm

Thanks Casa for your reply. But what I discovered is different to what you mentioned. For all new ADR applications, there is a NHS surcharge of £1100. Sorry if you didn't mean what I understood from your post.

Surcharge checker - https://www.immigration-health-surcharg ... er/Summary

I guess what you and Amber mean is that, those who have already(before the surcharge was introduced) been granted ADR ILE, NHS is free from the day ILE is granted but are not allowed to access public funds for the first 5 years.

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