FLR (FP) or FLR (O) which form for grandmother?

[yssw85]

Hi all,

I would be grateful if you could provide me some advice as to which form to use. I want to extend my mother-in-law's stay in the UK.

She's Malaysian, has come to the UK visiting family and is due to go back at the end of the month. She is 62 years old who is financially dependent on her children. They are settled in the UK with indefinite leave to remain. Late husband passed away 2012, sister in 2013, mother in 2014 and older brother this year. She does still have brothers in Malaysia but they all have a families and would not be expected to look after her.

She has a heart condition and has to take multiple pills each day, but she's not (thankfully) needing day to day care. Being 62 and not needing day to day care, she won't qualify for the Adult Dependent Relative since that is almost near impossible for anyone nowadays.

We don't want her to go back as she'll be on her own and we could really do with her helping out looking after the grandchildren so that we can both continue as we are working full time.

I've had a look at the FLR (FP) form but if going through the private route, she doesn't meet the criteria of part 7 section 276ADE so I was thinking of applying under the basis of article 8 ECHR grounds in respect of private life using the FLR (O) form and other reasons.

I would be grateful if anyone could shed a light on the situation and give me some advice?

Thank you

[Casa]

From what you've written in your post, she doesn't qualify for an extension. Visitor visas can only be extended under extenuating compassionate grounds and neither FLR(M) or FLR(0) would apply in this case. With the Adult Dependent visa now virtually impossible to obtain, slipping in through the 'back door' via a visitor visa because someone is happier here and you will both be free to work, won't sway the HO in their decision. Be aware that a refusal for an extension will mean all future visitor visas are highly likely to also be refused.
Also although your mother-in-law is family, even unpaid childcare is disallowed while on a visitor visa. Does she have private medical insurance?

Edit: Extenuation circumstances would include situations such as a war or natural disaster in the home country, or a medical emergency which prohibits her travelling.

[yssw85]

Thank you for your reply. No she doesn't have private medical insurance. Well, I guess there's just no chance for her to stay really.

[secret.simon]

If any of her children are British citizens, and assuming that the result of the referendum is to stay in, the whole family could do an SS route trip (move the center of their life to another EU country, the British citizen must work there and then return to the UK under EU law).
Mind you, there is major disruption for all involved as the British citizen must move the center of their life (which generally includes family) and work in the other EU country.

[Casa]

Thank you for your reply. No she doesn't have private medical insurance. Well, I guess there's just no chance for her to stay really.

How are you currently paying for her medical care, GP visits, medication etc? Future visitor visa applications will be refused if NHS treatment has been used without payment.

[yssw85]

The SS route would not be feasible for any of us as none of her children are British Citizens only ILR.

Medically, we live in Wales so prescription is free for now. We were going to pay the IHS so that she could continue her treatment, no medical insurance as I don't think they ever considered it.

Unfortunately as well, she's illiterate. She's never been to school so she can't read and write and doesn't speak English
So she won't be able to do any of those English tests either. But as it sounds, there's just nothing which can help her situation

[CR001]

Medically, we live in Wales so prescription is free for now.

It is NOT free for people on visitor visas, they are NOT entitled to use the free NHS service. She has to pay for everything that is medical (GP, medication, hospital, tests, etc).

[Wanderer]

The SS route would not be feasible for any of us as none of her children are British Citizens only ILR.

Medically, we live in Wales so prescription is free for now. We were going to pay the IHS so that she could continue her treatment, no medical insurance as I don't think they ever considered it.

Unfortunately as well, she's illiterate. She's never been to school so she can't read and write and doesn't speak English
So she won't be able to do any of those English tests either. But as it sounds, there's just nothing which can help her situation

Also IHS is not applicable to visitors, she'll have to pay 150% of the actual costs.

[yssw85]

Yeah you were right, it's not free. I checked with my in-laws who take her to the GP and picks up her prescription, they had to pay for it. Oh well, it's just one of those things which cannot be helped. We still want her stay regardless.

[CR001]

If you try the adult dependent relative and it is refused (which it will be), then you effectively shut the door on any future visitor visas and she will be stuck in her home country and won't be able to visit you in the UK. Think very carefully before you decide to apply for this very expensive visa.

[Casa]

+1 CR001 very true.
If you want to see just how tough the HO are on adult relatives without the right to remain see:
http://www.express.co.uk/news/uk/669971 ... -living-UK

Also for a greater understanding:
https://www.freemovement.org.uk/out-with-the-old/

The 2016 challenge in the Supreme Court by BritCits failed.

Do you really want your children's grandmother to face the distress of being removed from the UK or living as an illegal overstayer waiting for a knock on the door from the UKVI?
You mention, "She has a heart condition and has to take multiple pills each day". Playing 'devil's advocate' here, if she needs to be hospitalised while she is here the treatment is likely to run into the thousands. We had a member on the form recently whose parent suffered a stroke and the hospital bill was over £30,000 which had to be paid by the family.