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The solicitors also mentioned that 90% of all the rest of the applicant were above 65 and did not have to meet the exceptional compassionate test, but still got refused with no right of appeal.
To me it is irrelevant . If NHS is a problem it could be sorted by private medical insurance but then why should be paying top rate tax ? On my part I would be happy with NHS replaced with private medical insurance. -whether NHS is or is not an entitlement is a different issue. for that matter whole benefits arguement is a different issue . The real issue here is how much should state manage the family when visa of dependent parents is subject to no recourse to public funds in the first place..arifzx wrote:All treatment privately, apart from some visits to A£E, where I even offered to pay, however never charged to date.
Nhs registration and availing treatment while not entitled= refusal and prosecution.
-----------------------------------------------------------------arifzx wrote:You are right Kahn. This category is tricky and the law associated with it is unexplained in real terms. Their is no clear definition of the requirement.
I have struggled with the old law for 6 years myself. Altogether for the 2 applications for my parents in this category I had spent £15K in fees, solicitor bills, barrister fees. Almost another £30K in private medical bills over the last 4 years.
Private medical insurance is irrelevant for elderly dependants as it doesnot cover any pre existing conditions, assuming they have medical conditions.
Also their are several determinations online fr applicants rejected ILR as dependant relatives because they were availing NHS service whilst not entitled for it. As one of the requirement of this category is that the dependant can be financially looked after with no recourse to public funds.
Anyways I agree with your points raised.
Congrats - they met the Rules and got it , that is it - so simple. You did not loose anything waiting - had no right to live here otherwise - from a visit visa, you would appreciate. Thanks for sharing decisionkuruvi wrote:We applied under the old rules. The applications were made in July 2012 and we waited over 14 months to get a decision.
My father was 66 years old and mother was 63 at the time of application. My father is a diabetic and developed eye related problems for which he underwent to laser surgeries. It was paid privately while he was in UK.
We made the applications in the UK when they visited us due to changes in family. We had to rush the applications because of rule change. My mother has 2 relatives but my father doesn't.
We submitted evidence for financial dependency by bank statements showing over 3 years of transactions. Letters from relatives that they have their own family. A letter from my father's former employer confirming he doesn't receive any pension or other money.
The application was very detailed and the evidence submitted was huge.
This information may not help for the new applicants.