ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Immigration for Overstayer With Expired Passport at Home Office

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
Ezhi
Newly Registered
Posts: 1
Joined: Sat Mar 10, 2018 10:01 pm
India

Immigration for Overstayer With Expired Passport at Home Office

Post by Ezhi » Thu Nov 29, 2018 9:18 pm

Hi Guys/Admin,

I need help for a friend of mine in an immigration situation. I will explain the case below. Advice is much appreciated.

My friend is Indian National with ILR granted three years ago.
My friend's wannabe spouse is Pakistan National with expired passport at home office since last four years. (They were unable to marry as passport necessary for registration purpose but having been living together for last two years)

Now they got blessed with a kid last week.

After the baby is born today they received a letter from hospital I presume regarding the mother's status or pay the hospital bills. (Mom cannot pay IHS fees as no valid documents with her, and the letter says they have to provide documents within three months or they will be invoiced with complete bill). The mother is stressed out as the baby was re-admitted due to some complications and still in hospital.

So they want some advice on as to how to sort this situation. How can mother's immigration situation be solved or how can their NHS (IHS) bill be sorted. Please advice.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:

Re: Immigration for Overstayer With Expired Passport at Home Office

Post by seagul » Fri Nov 30, 2018 5:57 am

If her passport is with HO then she should have paid IHS as part of application and if not then HO must have asked her to pay IHS later. If no IHS has been paid then NHS treatment cost of 150% might be recovered. IHS need to be sorted immediately.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

User avatar
CR001
Moderator
Posts: 86833
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Immigration for Overstayer With Expired Passport at Home Office

Post by CR001 » Fri Nov 30, 2018 6:37 am

They will have to pay the NHS bill. Baby gets free NHS, the mother does not.

What is the mother's full immigration history?

What application has been with HO for 4 years?

She can't pay Ihs now after using the NHS for birth to avoid paying or cancelling the cost of the birth.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

THO
- thin ice -
Posts: 532
Joined: Sat Feb 17, 2018 12:12 am
Vietnam

Re: Immigration for Overstayer With Expired Passport at Home Office

Post by THO » Fri Nov 30, 2018 1:19 pm

To many people expect this country to pay their bills for them. Why should someone illegally here get free treatment? It is not fair or right that others should have less funds available because of people who abuse the system.

Tell them to pay what they owe, as I am sure a debt to the NHS will make a visa application more difficult, and then apply for the visa needed to remain in the country, and if they get it, think themselves lucky.

Alam-
Junior Member
Posts: 94
Joined: Tue May 15, 2018 5:28 pm
Mood:

Re: Immigration for Overstayer With Expired Passport at Home Office

Post by Alam- » Fri Nov 30, 2018 6:34 pm

Ezhi wrote:
Thu Nov 29, 2018 9:18 pm
Hi Guys/Admin,

I need help for a friend of mine in an immigration situation. I will explain the case below. Advice is much appreciated.

My friend is Indian National with ILR granted three years ago.
My friend's wannabe spouse is Pakistan National with expired passport at home office since last four years. (They were unable to marry as passport necessary for registration purpose but having been living together for last two years)

Now they got blessed with a kid last week.

After the baby is born today they received a letter from hospital I presume regarding the mother's status or pay the hospital bills. (Mom cannot pay IHS fees as no valid documents with her, and the letter says they have to provide documents within three months or they will be invoiced with complete bill). The mother is stressed out as the baby was re-admitted due to some complications and still in hospital.

So they want some advice on as to how to sort this situation. How can mother's immigration situation be solved or how can their NHS (IHS) bill be sorted. Please advice.
Does she has any pending application in Home office?
She can take a copy of expired passport to Pakistani high commission and they will issue her a new passport. Book appointment online and mention she needs it to send it to home office since the other one is expired. Easy peasy

wahi66
BANNED
Posts: 347
Joined: Wed Jul 12, 2017 10:18 pm

Re: Immigration for Overstayer With Expired Passport at Home Office

Post by wahi66 » Fri Nov 30, 2018 11:44 pm

Ezhi wrote:
Thu Nov 29, 2018 9:18 pm
Hi Guys/Admin,

I need help for a friend of mine in an immigration situation. I will explain the case below. Advice is much appreciated.

My friend is Indian National with ILR granted three years ago.
My friend's wannabe spouse is Pakistan National with expired passport at home office since last four years. (They were unable to marry as passport necessary for registration purpose but having been living together for last two years)

Now they got blessed with a kid last week.

After the baby is born today they received a letter from hospital I presume regarding the mother's status or pay the hospital bills. (Mom cannot pay IHS fees as no valid documents with her, and the letter says they have to provide documents within three months or they will be invoiced with complete bill). The mother is stressed out as the baby was re-admitted due to some complications and still in hospital.

So they want some advice on as to how to sort this situation. How can mother's immigration situation be solved or how can their NHS (IHS) bill be sorted. Please advice.

If the application is still under consideration then I guess these steps can be taken

I think the best way to get away with situation is to
1. immediately apply for a Birth certificate and then British passport for baby (to create a strong doc for her)

2. Prepare fresh application with 2 years relationship route and apply under the reference of the previous application (If HO ask new passport then get a new passport which is not very difficult if she got valid NIC)

3. You can also send an old application reference/acknowledge letter to the NHS stating that at the time of the application there was no rule of IHS and she still comes under old rule if application is still decision.
(the IHS started in april 2015 and if she made the application before that i m sure she was not required to pay IHS)

three months are more then enough time to fight back against the NHS invoice.

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: Immigration for Overstayer With Expired Passport at Home Office

Post by Casa » Sat Dec 01, 2018 1:23 am

It's irrelevant whether the NHS charges weren't in place at the time of her visa application. As an overstayer with no legal residence she isn't entitled to free access to NHS services.

The NHS share information with the Home Office.
See the points below:
Can the NHS tell the Home Office that I owe money for my maternity care?
The NHS can tell the Home Office if a non-EEA patient has unpaid debts:
over £1000 (that are more than three months old) from 1/11/11 to 5/4/16 or 23/11/16 depending on the type of leave.
over £500 (that are more than two months old) from 6/4/16 or 24/11/16, depending on the type of leave.

AND
Where there is a dispute about whether you should be charged or where you have a repayment plan and are keeping up payments, the NHS should not tell the Home Office about the debt.

https://www.maternityaction.org.uk/advi ... nity-care/

The best option therefore, would be to agree a payment plan with the NHS.
(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.

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Immigration for Overstayer With Expired Passport at Home Office

Post by vinny » Mon Dec 03, 2018 1:38 am

Do answer CR001's questions.
CR001 wrote:
Fri Nov 30, 2018 6:37 am
What is the mother's full immigration history?

What application has been with HO for 4 years?
Baby is British.
Casa wrote:
Sat Dec 01, 2018 1:23 am
It's irrelevant whether the NHS charges weren't in place at the time of her visa application. As an overstayer with no legal residence she isn't entitled to free access to NHS services.
...

The best option therefore, would be to agree a payment plan with the NHS.

Agree.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Locked
cron