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FLR (HRO)Family Member (Private Life) has been refused.

Family member & Ancestry immigration; don't post other immigration categories, please!
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Faizlvmt
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Posts: 78
Joined: Wed Jul 13, 2016 6:29 pm
United Kingdom

FLR (HRO)Family Member (Private Life) has been refused.

Post by Faizlvmt » Mon Dec 18, 2023 4:05 am

Hello everyone I applied FLR HRO application for my mother and got refused they did not accept her GP letter clearly mentioned she can't travel because multiple diseases including dementia and she was living with her son in Pakistan and now he is in UK as well and his application in process for asylum he got three children and I am British citizen got two children we have sisters and one brother in Pakistan but my MOM can't live with them we told Pakistan sisters and brother not in contact with our MOM but they didn't accept this and not considered my and my brother families ties with her in UK and refused with right of appeal I don't have much time because application refused on 6th Dec I need to submit appeal within 14 days this forum helped me lot previously I need your help please should I put oral hearing or paper hearing which is better I heard oral is better chances to win any information how long it takes and if anyone can help i just want to have an idea please I need help I am putting appeal first time I don't have time and money for solicitors I really appreciate your help thanks.

secret.simon
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Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by secret.simon » Mon Dec 18, 2023 6:07 pm

If your mother is currently in Pakistan, by definition she (or you on her behalf) can't apply for any FLR, whether HRO or not.

FLR stands for Further Leave to Remain, i.e. an extension of an existing leave to remain. Therefore it can only be applied for by somebody already in the UK.

The appropriate visa to have applied for is the Adult Dependent Relative visa. But be aware that the requirements for that visa are quite high.

She/you must prove that
(a) she needs assistance with basic daily tasks, such as bathing, washing, eating, etc., AND,
(b) such assistance is either not available or not affordable in her country of residence, even with your financial assistance.

As the cost of assistance is lower in the Subcontinent compared to the UK, the second condition almost always fails for applications from there.

The number of ADR visas issued in the past few years has been in single digits going down to zero.

So don't get your hopes up.
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.

Faizlvmt
Junior Member
Posts: 78
Joined: Wed Jul 13, 2016 6:29 pm
United Kingdom

Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by Faizlvmt » Mon Dec 18, 2023 6:54 pm

Thanks she Is already in UK she came on visit visa because of her health conditions applied for FLR HRO and got refused now she has right to appeal and I gonna put appeal myself for oral hearing we have evidence gp letters dementia and multiple diseases it's first time I am putting appeal in UK I need help if I can get some sort of format of any appeal done if anyone can help really appreciate thanks

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Frontier Mole
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Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by Frontier Mole » Mon Dec 18, 2023 7:49 pm

Good luck with your appeal, you have an absolute mountain to climb given the circumstances. It will probably take many months for an oral hearing to be scheduled. If your Mum needs hospital care in the interim it will be charged at 150% of the published rate.

Regardless of what a GP writes it does not have much sway in court. You need a consultant letter before it has significant value. Obviously that will require you get a private consultant to examine your Mum and give a report. Just because she is ill, even if seriously it does not mean she is not fit to fly.

The other issue will be one of honesty, the consultant is bound to state the length of time your Mum’s conditions have been evident/ongoing. If it pre dates her visit visa application then the obvious point the Home Office will raise is intention.

The next issue will be overcoming the exceptional circumstances test, given the family in Pakistan and that treatment is more than likely to be available that does not leave much scope to work.

Faizlvmt
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Posts: 78
Joined: Wed Jul 13, 2016 6:29 pm
United Kingdom

Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by Faizlvmt » Mon Dec 18, 2023 8:50 pm

Thanks for your opinion GP written letter and recommendation of GP a consultant psychiatrist assessed my mother Is diagnosed dementia hopefully he can give us reports about her current health condition.

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Frontier Mole
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Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by Frontier Mole » Mon Dec 18, 2023 11:29 pm

Dementia is not necessarily a medical condition that prevents flying, it might require someone to fly with her, so it is not insurmountable for her to return home.

AmazonianX
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Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by AmazonianX » Thu Dec 21, 2023 4:45 pm

And OP stated she came to visit because of her health condition. Was her health situation already declared in the visit visa application as reason for her planned visit?

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Frontier Mole
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Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by Frontier Mole » Fri Dec 22, 2023 1:11 am

There is no declaration required of health issues on a visit visa application. Soon as there is mention of health issues then the first thought is should it be a medical treatment visa that is being applied for?

The Home Office will no doubt consider that the medical issues were existing at the time of application / arrival. Any medical professional tasked with preparing the report, if there is a hearing, will have to address that point.

AmazonianX
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Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by AmazonianX » Fri Dec 22, 2023 1:34 am

Clearly knows there is no requirement for health declaration for visitor visa.
It becomes pertinent when it's stated that she came because of her health. Begs the question of was she a genuine visitor ab initio.

mkhalid
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Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by mkhalid » Tue Apr 16, 2024 12:12 pm

Faizlvmt wrote:
Mon Dec 18, 2023 8:50 pm
Thanks for your opinion GP written letter and recommendation of GP a consultant psychiatrist assessed my mother Is diagnosed dementia hopefully he can give us reports about her current health condition.
Did you manage to sort something out? Actually, I am in similar situation where my mother visa also got refused in Oct-23, but I did appeal via solicitor still awaiting hearing? How about you? Despite my mother was seriously sick and got diagnosed with liver diseases they still refused it and also application decision came after two years of filing so not sure what would be the outcome as by now is already over two years in this country struggling and seems now finally be going into hearing with in a month or so though no date has announced, I was struggling to find any information get an idea how people have dealt in such situation so came across your post. Please share any update it would be really helpful.

AmazonianX
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Re: FLR (HRO)Family Member (Private Life) has been refused.

Post by AmazonianX » Tue Apr 16, 2024 6:53 pm

mkhalid wrote:
Tue Apr 16, 2024 12:12 pm
Faizlvmt wrote:
Mon Dec 18, 2023 8:50 pm
Thanks for your opinion GP written letter and recommendation of GP a consultant psychiatrist assessed my mother Is diagnosed dementia hopefully he can give us reports about her current health condition.
Did you manage to sort something out? Actually, I am in similar situation where my mother visa also got refused in Oct-23, but I did appeal via solicitor still awaiting hearing? How about you? Despite my mother was seriously sick and got diagnosed with liver diseases they still refused it and also application decision came after two years of filing so not sure what would be the outcome as by now is already over two years in this country struggling and seems now finally be going into hearing with in a month or so though no date has announced, I was struggling to find any information get an idea how people have dealt in such situation so came across your post. Please share any update it would be really helpful.
Op not back since last post.
May be helpful if you create your own topic and give a background.

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