leave to remain on compassionate grounds

Hi,

I wonder if someone can offer some advice. My Aunt came to visit me and my family in January last year. She was given a 6 months visa. Once she arrived she became ill and we applied to for an extension to her visa to enable us to get her private medical treatment. The Home office refused the request on the grounds that we could not provide details of the cost and duration for the treatment. We appealed and this too was turned down. The reason we could not provide details for her treatment was that we had to see a number of specialists as she has a mental illness. It is a difficult illness to diagnose let alone provide detail costings. Since the refusal of the appeal,we have now had a report from a phsychiatrist who says she is suffering from a form of dementia. She is in no state to care for her self and her condition will get progressively worse.
My Aunt has no other close relatives outside UK who can care for her. All her close family is in the Uk and we would like her to remain here so we can take of her. Should we make a fresh application for leave to remain on pemanently on compassionate grounds or should we apply again for extension on medical grounds?



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NIZAM

NIZAM wrote:Hi,

I wonder if someone can offer some advice. My Aunt came to visit me and my family in January last year. She was given a 6 months visa. Once she arrived she became ill and we applied to for an extension to her visa to enable us to get her private medical treatment. The Home office refused the request on the grounds that we could not provide details of the cost and duration for the treatment. We appealed and this too was turned down. The reason we could not provide details for her treatment was that we had to see a number of specialists as she has a mental illness. It is a difficult illness to diagnose let alone provide detail costings. Since the refusal of the appeal,we have now had a report from a phsychiatrist who says she is suffering from a form of dementia. She is in no state to care for her self and her condition will get progressively worse.
My Aunt has no other close relatives outside UK who can care for her. All her close family is in the Uk and we would like her to remain here so we can take of her. Should we make a fresh application for leave to remain on pemanently on compassionate grounds or should we apply again for extension on medical grounds?



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NIZAM

it would be best if you send her back and then apply for her under Rule 317
http://www.bia.homeoffice.gov.uk/policy ... les/part8/

the moment she overstays her visa, you will regret it for the rest of your life. dont dont dont mess it up, send her back and then apply from there, otherwise the Home Office will treat her as a queue-jumper and will accuse you of applying for tourist visa when u knew all along that it was a long-term plan you had wanted for her. remember that under the new rules she could be banned for a year if she overstays her visa!

best of luck.

Did she suffer from this dementia prior to entering the UK (diagnosed or not), or did it just happen after arriving here?

gollywood wrote:Did she suffer from this dementia prior to entering the UK (diagnosed or not), or did it just happen after arriving here?

dementia doesnt just happen, it takes years to materialise, although it could be argued that it was diagnosed here but that nevertheless creates the problem of knowing that she wasnt mentally stable!

See also Chapter 2 - Visitors annexes > Annex F - Guidance - visitors for private medical treatment.

Thanks for your comments. Her dementia was only diagnosed once she arrived in the UK. We have exhausted the appeal procdure but have had a medical report saying that she is unable to care for herself and as she has no one to look after her outside UK, she would be at serious risk of falling into ill health and neglect as she requires help with medication and with basic tasks such as cooking, washing etc.
Since the appeal refusal she is technically"illegal" as she has overstayed her stay. I have been advised that we should make a fresh application to the Home office for indefinite leave to remain as dependant relative on compassionate grounds. We have the support of our local MP and physchiatrist/Doctors. Do you think its worth applying and what are the her chances? Family are desperatley concerned as to what would happen to her if she was made to leave.

NIZAM wrote:Thanks for your comments. Her dementia was only diagnosed once she arrived in the UK. We have exhausted the appeal procdure but have had a medical report saying that she is unable to care for herself and as she has no one to look after her outside UK, she would be at serious risk of falling into ill health and neglect as she requires help with medication and with basic tasks such as cooking, washing etc.
Since the appeal refusal she is technically"illegal" as she has overstayed her stay. I have been advised that we should make a fresh application to the Home office for indefinite leave to remain as dependant relative on compassionate grounds. We have the support of our local MP and physchiatrist/Doctors. Do you think its worth applying and what are the her chances? Family are desperatley concerned as to what would happen to her if she was made to leave.

as much as I understand your dillema, the fact of the matter remains is that she has, technically speaking, queue jumped i.e. she should have applied under Rule 317 and not changed her status whilst here, or at least should have left when appeal was exhausted and should have then applied from back home.

its really down to you, it doesnt matter what the MP says, he is not there to be deciding the case, it is down to the HO and overstaying and queue jumping is not something they like at all! my advice remains the same i.e. send her back and apply under Rule 317 and it will hopefully be granted.

the other choice is she stays her illegally for a longgggggggg time and then may be 10-15 years later they may say ok fine.

It seems you have two options NIZAM; you can either send her back before she gets blacklisted (if she gets past the IO's undetected) or you can make an application for ILR from within the UK. If you try to make an application for ILR and it is refused, she will definitely be blacklisted and she will have to wait a year (or 10 years – not sure which one applies) before she can apply for Entry Clearance to the UK.

I think its better you send her back before she gets blacklisted and put in an application for a dependant relative in Pakistan. Take all the documents with you and apply ASAP. If you have a broad spectrum of documents/evidence to support her dependant visa application, then there is a good chance that she will gain Entry Clearance. Have a look again at the BIA link Liberal Immigrant posted and pay close attention to 317,(i)f:

BIA wrote: (f) the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom;

If your supporting documents primarily focus on the financial dependence side of things (and the fact she will be living alone) and then secondarily focus on the compassionate grounds (the illness), then I think in taking this approach, your aunt could successfully secure Entry Clearance and be back in the UK within a month.

Good luck, let us know what you decide.

it is very hard to predict , if she is out of country and they will issue visa

in country they refused twice

still u can try