Sister-In-Law & Cousin in UK for Medical Treatmnt.Advice

Hi,

I need some advice for my sister-in-law who is in the U.K. from Nigeria. She is a Nigerian national and came here for medical treatment for her 3 year old child who has special needs and required important surgery.

The medical treatment is progressing well and there is very good improvement but the issue of visa length requires some advice. She has a 2 year rolling visa and has been in the UK for a few months. It is imperative for her to stay for a further few months at the least for her child to recover fully and be assessed in this regard by the medical staff.

What are our options with respect to the visa that she got? It is quite possible that she may have to stay beyond the advised 6 months. What do we need to do in this regard? If she has to go back home and return, the treatment will be interrupted and is not advised at all by the doctors. As you can guess Nigeria is not a country that is conducive to special needs and the medical expertise for it is not as one would expect.

We are not sure exactly what to do and would appreciate some advice. Please let me know if you require more information.

Thanks

was the 2 year (rolling) visitors visa granted for medical treatmnent or for normal visitor status?

Thanks for your reply. It was a normal visitor status.

Your sister in law was not a visitor seeking 'medical tretament' so it would be difficult to give permission to extend stay on compassionate grounds beyond the normal 6 months..

If I may ask, who is paying for the treatment?

Hi Seeker,
Please see some info from the UkVisas site:LINK
and
LINK2

Can my visitor come to the UK for private medical treatment?
Yes. Your visitor can come to the UK for private medical treatment. However, they must be able to show that they:

have made satisfactory arrangements for the consultation or treatment that they need
have enough money to pay for any treatment and to support themselves and live in the UK without working or needing any help from public funds, and
intend to leave the UK at the end of their treatment.
Visitors are not allowed to receive free medical treatment from the National Health Service. Your visitor must make sure that they have enough medical insurance for the whole of their stay in the UK.

So, Asuming that your family member is in compliance with the Law, and are not taking free treatment to which they are not entitled, then they can ask for a Medical Treatment Visa:
LINK3
Requirements are:

Visas for Medical Treatment


YOU MUST HAVE:

a) A passport valid for a further 6 months and for travel to the United Kingdom with one clear visa page,;
b) One passport-size photograph (35mm x 45mm);
c) Appointment letter from specialist/surgeon in the UK with whom firm arrangements for treatment have been made detailing the likely cost, duration and nature of the treatment;
d) Evidence of your ability to pay for treatment, fees, accommodation and return tickets to country of origin;
e) Details of flight reservations and, if you are travelling to another country after the UK, any visas as necessary;
f) Visa fee;
g) A photocopy of the data page of your passport and photocopies of any documents you want us to return to you.
Please note that you may be required to produce additional documents once your application has been seen by the Entry Clearance Officer

Smit wrote:If I may ask, who is paying for the treatment?

The treatment and all other costs for her and the child are being borne by my brother, relatives and friends.

seeker,

Under the immigration rules the maximum period of stay as a visitor in the UK at each entry is 180 days. The Home Office have the discretion to extend your stay under the most compelling of circumstances including medical attention (applicant or dependents as in the case you describe) but require appropriate evidence. An application would need to be made on Form FLR(O).

Such discretion will in any case need to be considered as the child entered as a normal visitor and there could be an arguement by the Home Office of 'health tourism' as a minimum and 'misrepresentation of a material fact' at worst given that you travelled knowing very well medical treatment was being sought but you did not obtain the correct visa. In any case they will need to know who will provide support for the person in question and of their ability to do such for as a minimum the relevant medical period. The above form describes in some detail supporting evidence e.g. bank statements, letters required from consultant etc. Don't scrimp on any evidence is the key message and even more so as this is a discretionary application.

I have known the Home Office give said compassionate leave extensions for upto 3 years in 12 month blocks but IIRC the matter was one of unusual orthopaedic complexity and the person involved was of high net worth.