Tier 2 Main Applicant illness

Dear all

One of my friend came over to UK on Tier 2 (Health Care Visa) and later his family came over as well to join him. After 6 month he got sever stroke and left with not able to work which can be permanently, remained in hospital for 3-4 months. He has a wife and 4 dependent children. His employer probably will report him off sick from work to home office. Even though he still have visa technically but as soon as employer report him to home office will create problem for him. Therefore What are the best course of visa route or option he has got to move forward.

Many thanks

LMT

They can stay in the UK until visa expiry or until a new visa expiry if their visa is curtailed by the UKVI. As they are here as sponsored workers only, they are expected to leave the UK by any expiry date set or move to a new visa route. A suggestion could be that his partner can find sponsored work and switch to becoming a main Skilled Worker visa holder, hence moving him to the dependent visa.

The sponsor should have already reported the sickness period to the Home Office. They should probably withdraw sponsorship as well if there is no likelihood of him returning to work. Harsh but unfortunately it is the nature of a worker route visa.

As Zimba states best route to continue to remain I’d for the dependent spouse to find a sponsored role and switch to being main applicant.

Dear Both of you,

Thanks for replying and suggesting the options. What will be your views on him applying under compassionate grounds? how much chance to get success 50 50 or very bleak ?

Regards

LMT

lahoremt wrote: ↑

Thu Nov 16, 2023 10:13 am

Dear Both of you,

Thanks for replying and suggesting the options. What will be your views on him applying under compassionate grounds? how much chance to get success 50 50 or very bleak ?

Regards

LMT

Highly unlikely to succeed.

lahoremt wrote: ↑

Thu Nov 16, 2023 10:13 am

Dear Both of you,

Thanks for replying and suggesting the options. What will be your views on him applying under compassionate grounds? how much chance to get success 50 50 or very bleak ?

Regards

LMT

Not sure there will be compassion taken into consideration, the decision making is a cold process IMHO. They have more or less considered as not established a life in the UK (about 6months stay by family), thought of becoming public charge/getting public funds IMO.
Better if suggestion from zimba about spouse switching via sponsored job to main applicant. Goodluck.

lahoremt wrote: ↑

Thu Nov 16, 2023 10:13 am

Dear Both of you,

Thanks for replying and suggesting the options. What will be your views on him applying under compassionate grounds? how much chance to get success 50 50 or very bleak ?

Regards

LMT

You would have to look at that from the immigration officials' point of view.

Person came to the country for work, been here less than a year and they cannot work anymore. Unfortunately, there doesn't seem to be a reason as to why they can't just return back home, where they have everything established, compared to UK, where there's no way for them to sustain themselves.

lahoremt wrote: ↑

Thu Nov 16, 2023 10:13 am

Dear Both of you,

Thanks for replying and suggesting the options. What will be your views on him applying under compassionate grounds? how much chance to get success 50 50 or very bleak ?

Regards

LMT

With the foregoing responses, their best shot could be for the spouse to switch to a sponsored work visa.

Migrant workers are only granted visas to come here to work, so they are expected to leave if they fail. There is no entitlement to leave granted in the UK even on compassionate grounds, when their visa conditions cannot be met. Family members of citizens and people under private life routes will be treated differently