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Which Category and which Visa Application form for a dependant Adult already in the UK

Family member & Ancestry immigration; don't post other immigration categories, please!
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GYKR
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Which Category and which Visa Application form for a dependant Adult already in the UK

Post by GYKR » Thu Jan 12, 2023 7:03 am

Hi Forum,

I have a question about which visa my parent-in-law can apply for if they are already here in the UK and admitted through their visitor visa.

Their visa was granted sometime around 2019 for a multiple entry standard visitor visa (10 years validity). My mother-in-law was diagnosed with ALS, a motor neuron disease around 18 months ago and my in-laws came over end of August last year but her condition deteriorated rapidly and the prognosis is now late-stage of ALS. As the condition is incurable and she's not able to talk nor move anymore and even struggles to swallow food, she's bed-bound and requires a 24 hours care which my father-in-law can only partially provide. My wife and I in turn provide the necessary care for her. We are now approaching the 180 days limit and the reality is, we needed to look after them and we have been told she hasn't got very long. Both my wife and I work full-time in London and if they go back then it makes extremely difficult to provide this level of care.

My question is, do I have a case to plead to HO for either asking for an extension or just making an application for some sort of family visa?

Thank you and I am grateful for your advice.

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Ticktack
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Re: Which Category and which Visa Application form for a dependant Adult already in the UK

Post by Ticktack » Thu Jan 12, 2023 11:44 am

GYKR wrote:
Thu Jan 12, 2023 7:03 am
Hi Forum,

I have a question about which visa my parent-in-law can apply for if they are already here in the UK and admitted through their visitor visa.

Their visa was granted sometime around 2019 for a multiple entry standard visitor visa (10 years validity). My mother-in-law was diagnosed with ALS, a motor neuron disease around 18 months ago and my in-laws came over end of August last year but her condition deteriorated rapidly and the prognosis is now late-stage of ALS. As the condition is incurable and she's not able to talk nor move anymore and even struggles to swallow food, she's bed-bound and requires a 24 hours care which my father-in-law can only partially provide. My wife and I in turn provide the necessary care for her. We are now approaching the 180 days limit and the reality is, we needed to look after them and we have been told she hasn't got very long. Both my wife and I work full-time in London and if they go back then it makes extremely difficult to provide this level of care.

My question is, do I have a case to plead to HO for either asking for an extension or just making an application for some sort of family visa?

Thank you and I am grateful for your advice.
The system doesn't allow anyone to enter the UK on a visitors visa and try changing it to something else whilst in the UK.
It gives the HO the feeling that it might have been the plan all along.

This in turn affects their policies on the manner they approach elderly families when they apply for UK visas.
We only learn from experiences.

If she's bed-ridden, then you need a solicitor. Otherwise, you just accept the consequences as you said she might be terminal already.
No sin in failing, you just have to try and try again!

secret.simon
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Re: Which Category and which Visa Application form for a dependant Adult already in the UK

Post by secret.simon » Thu Jan 12, 2023 3:38 pm

GYKR wrote:
Thu Jan 12, 2023 7:03 am
do I have a case to plead to HO for either asking for an extension or just making an application for some sort of family visa?
You can try, on FLR(HRO), but (a) don't expect a positive response and (b) your father-in-law will still be expected to leave.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

GYKR
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Re: Which Category and which Visa Application form for a dependant Adult already in the UK

Post by GYKR » Fri Jan 13, 2023 8:43 am

Ticktack wrote:
Thu Jan 12, 2023 11:44 am
The system doesn't allow anyone to enter the UK on a visitors visa and try changing it to something else whilst in the UK.
It gives the HO the feeling that it might have been the plan all along.

This in turn affects their policies on the manner they approach elderly families when they apply for UK visas.
We only learn from experiences.

If she's bed-ridden, then you need a solicitor. Otherwise, you just accept the consequences as you said she might be terminal already.
Thank you Ticktack. That makes total sense. If they landed on a visitor visa then their intention should be to exit as per the condition stipulated.
secret.simon wrote:
Thu Jan 12, 2023 3:38 pm
You can try, on FLR(HRO), but (a) don't expect a positive response and (b) your father-in-law will still be expected to leave.
Thank you secret.simon. I will use the FLR(HRO) to see if they can grant a little stay. The prognosis is 6 months so I am hoping HO could grant a visa for something like a 12-month's stay. As there are no cures or treatments available, perhaps HO would consider this case as not something that would impact the NHS resources.

Thank you again for the advice. Much appreciated.

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CR001
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Re: Which Category and which Visa Application form for a dependant Adult already in the UK

Post by CR001 » Fri Jan 13, 2023 9:19 am

Are you/they currently paying for the NHS use if she is getting medical treatment?
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JB007
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Re: Which Category and which Visa Application form for a dependant Adult already in the UK

Post by JB007 » Sun Jan 15, 2023 5:09 pm

GYKR wrote:
Fri Jan 13, 2023 8:43 am
As there are no cures or treatments available, perhaps HO would consider this case as not something that would impact the NHS resources.
It won't impact the NHS resouces as she/you will have to pay for her treatment. 50% is added to the bill (50% above the NHS national charge) so it's a financial gain for the NHS.

mkhalid
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Re: Which Category and which Visa Application form for a dependant Adult already in the UK

Post by mkhalid » Mon Mar 20, 2023 10:12 am

I am in similar situation, had applied for my mother in the similar category but no response almost over 11 months. I was also expecting to get a response either positive or negative, but they're even not responding now and it's very critical for my mother as she is critically ill, and we are stuck and no option, I've searched and found people are waiting over 12 months and longer and not getting any response.

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