Urgent Help required

Hi ,
Hi I am a british citizen i have two children with my husband who are both british aswell . my husband in this country since march 2013 he came on a 6 months visitor visa and at the end of the fifth month he has applied for FLR(o) his case is still with the home office .
My question is while his case is with the home office and he has some type of health care need will he have to pay to the hospital , he is registered with the GP if that matters .and he has plans to reside in UK if his application gets approved.

Thanks.

He must pay for all NHS treatment, including GP consultation and medication. Failure to do so will further complicate his outstanding application. Were you advised to apply under FLR(O)? I would have thought that FLR(FP) would be more applicable. Are you earning at least £18,600 per annum?

Casa wrote:He must pay for all NHS treatment, including GP consultation and medication. Failure to do so will further complicate his outstanding application. Were you advised to apply under FLR(O)? I would have thought that FLR(FP) would be more applicable. Are you earning at least £18,600 per annum?

He has had couple of GP consultations and they have all been free . Also you can check here .
.

https://www.citizensadvice.org.uk/healt ... om-abroad/

it says

Some people from abroad who are not ordinarily resident in the UK can receive all NHS hospital treatment free of charge. If you are entitled to free NHS hospital treatment, family members including your spouse, civil partner and dependent children will also be able to get free treatment, but only if they are lawfully allowed to live in the UK. In many cases, they must also be living with you throughout your stay to qualify.


yes we were advised to apply under FLR(o) . My kids are under 2 so am not working at the moment.

There's no way he'll be able to switch in-country from a visit visa and he'll will have to pay any NHS charges, GP's aren't Border Guards, the NHS Managers will do that role and at 150% of the cost.

Those on visit visa aren't resident so forget the Citizens Advice link.

You've misunderstood the CAB information. Your husband isn't here legally as your spouse as he entered as a visitor, for which he would require private medical insurance. He is now an overstayer as there is no concession for a visitor to switch to any other category from within the UK. I believe you've been poorly advised to apply under FLR(0). Apart from other issues, FLR(O) would require a sponsor's annual salary of £18,600, whereas FLR(FP) as the family/parent route doesn't.
Back to NHS treatment. Even straightforward visa applications are now being refused due to the use of the NHS when there is no entitlement.

Casa wrote:You've misunderstood the CAB information. Your husband isn't here legally as your spouse as he entered as a visitor, for which he would require private medical insurance. He is now an overstayer as there is no concession for a visitor to switch to any other category from within the UK. I believe you've been poorly advised to apply under FLR(0). Apart from other issues, FLR(O) would require a sponsor's annual salary of £18,600, whereas FLR(FP) as the family/parent route doesn't.
Back to NHS treatment. Even straightforward visa applications are now being refused due to the use of the NHS when there is no entitlement.

Would he still be considered as a overstayer if he applied for flr(o) before his visa expired and the case is still with the home office?

He does have private medical insurance aswell from Vitality . thanks for this advice.


No i dont earn 18k.

Ray111 wrote:

Casa wrote:You've misunderstood the CAB information. Your husband isn't here legally as your spouse as he entered as a visitor, for which he would require private medical insurance. He is now an overstayer as there is no concession for a visitor to switch to any other category from within the UK. I believe you've been poorly advised to apply under FLR(0). Apart from other issues, FLR(O) would require a sponsor's annual salary of £18,600, whereas FLR(FP) as the family/parent route doesn't.
Back to NHS treatment. Even straightforward visa applications are now being refused due to the use of the NHS when there is no entitlement.

Would he still be considered as a overstayer if he applied for flr(o) before his visa expired and the case is still with the home office?

He does have private medical insurance aswell from Vitality . thanks for this advice.


No i dont earn 18k.

You've been waiting 2 years for a decision on an application that I believe would be considered invalid. Have youfollowed up the status of the application with the Home Office or received any correspondence from them? It's essential that he uses his private medical insurance for any treatment.

Casa wrote:

Ray111 wrote:

Casa wrote:You've misunderstood the CAB information. Your husband isn't here legally as your spouse as he entered as a visitor, for which he would require private medical insurance. He is now an overstayer as there is no concession for a visitor to switch to any other category from within the UK. I believe you've been poorly advised to apply under FLR(0). Apart from other issues, FLR(O) would require a sponsor's annual salary of £18,600, whereas FLR(FP) as the family/parent route doesn't.
Back to NHS treatment. Even straightforward visa applications are now being refused due to the use of the NHS when there is no entitlement.

Would he still be considered as a overstayer if he applied for flr(o) before his visa expired and the case is still with the home office?

He does have private medical insurance aswell from Vitality . thanks for this advice.


No i dont earn 18k.

You've been waiting 2 years for a decision on an application that I believe would be considered invalid. Have youfollowed up the status of the application with the Home Office or received any correspondence from them? It's essential that he uses his private medical insurance for any treatment.

+1

You just can't ignore this and carry on blissfully, needs sorting urgently, the consequences are remove/deportation.

As a further thought, if you aren't employed at the moment how are you supporting yourselves financially?

Casa wrote:As a further thought, if you aren't employed at the moment how are you supporting yourselves financially?

My father is supporting me financially . the last we heard was 8 months ago when the case was initially rejected and we appealed . we are waiting for a court date to be more specific.

My first child has a major medical condition because of which she can not go abroad that's why he applied to stay here with us.

I still believe that if anything had any chance of success it would be an FLR(FP) application. Even more so as you don't meet the madatory minimum finance level. What specific reasons did the Home Office give in their refusal?

Casa wrote: Back to NHS treatment. Even straightforward visa applications are now being refused due to the use of the NHS when there is no entitlement.

Which paragraph they are refused under? I could not find examples on the forum - would you mind sharing some?
I am obviously curious, being in a similar boat.

PoleCat wrote:

Casa wrote: Back to NHS treatment. Even straightforward visa applications are now being refused due to the use of the NHS when there is no entitlement.

Which paragraph they are refused under? I could not find examples on the forum - would you mind sharing some?
I am obviously curious, being in a similar boat.

https://www.gov.uk/government/uploads/s ... ndix_7.pdf

"You should be aware that under immigration rules 320, 321, 321A and 322, a person with outstanding debts of over £1,000 for NHS treatment that are not paid within three months of invoicing, may be denied a further immigration application to enter or remain in the UK."

Casa wrote:
https://www.gov.uk/government/uploads/s ... ndix_7.pdf

"You should be aware that under immigration rules 320, 321, 321A and 322, a person with outstanding debts of over £1,000 for NHS treatment that are not paid within three months of invoicing, may be denied a further immigration application to enter or remain in the UK."

Thank you. If you heard about a case similar to ours (no invoice issued; after multiple enguiries an NHS official has stated in writing that no payment is due), would you be so kind as to share it in my thread?

Noted.