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Hello everyone,

Can i get some advice please for ILR on medical grounds. I have a friend who has been in the UK for last 7 years and now on HSMP visa. He had a major surgery last month in uk. These type of surgery patients needs to get lifelong aftercare and followup with the hospital specialist team and see the GP regularly as this surgery may have long term complications as well.

There are no such surgery in the home country where he is from and no specialist team as well who has the knowledge of what to do in an emergency. without the right care in emergency might cause death as well.

My question is, is it possible to get IRL based on this medical ground? Also if you know any immigration lawyer who is a specialist on medical ground, can you provide me with the contact number.

regards to all

farzu23 wrote:My question is, is it possible to get IRL based on this medical ground?

No, he needs to maintain his current leave under the relevant conditions of that particular status until he becomes eligible for ILR. If he does not he will have to leave the UK. Generally, if he is fit enough to travel then that is sufficient. He can then visit the UK for private medical care when necessary.

Hi

You need to ellaborate your friends case a little bit more. The only thing that comes to my mind is that he has to complete the 5 years time period on his HSMP and has to score the points to get his ILR. To the best of my knowledge I haven't come accross any case in my life who'll get the ILR on medical grounds yes they might take in to consideration but that's all at the discretion of the HO CW to give some leniency at the time when your friend will be applying for ILR that's all about it but they can't give the ILR just on the basis of medical grounds.

Yes he is able to travel but the suregry itself is a very major surgery and the patients needs lifelong aftercare and need to be under the specialist team of the hospital who will monitor him for the rest of his life for long term complications. The hospital and the GP agreed to give him letters saying that he needs lifelong aftercare and have to be under the specilast team. also it is possible to get letters from his country's health ministry and embassy that there are no such surgery and specialist in his country.

farzu23 wrote:The hospital and the GP agreed to give him letters saying that he needs lifelong aftercare and have to be under the specilast team. also it is possible to get letters from his country's health ministry and embassy that there are no such surgery and specialist in his country.

So all that means is that he will have to apply for regular visits to undergo private medical treatment. And this assumes he wishes to be treated in the UK rather than freely choosing any of the other countries in the world that offer this treatment. The only issue is that the UKBA are reluctant to issue such visas where the period of treatment is not finite. I see no prospect of him remaining in the UK just because his country has inadequate medical facilities. That would apply to half the world, and half the world don't have a right to remain in the UK to use the NHS!

See also Medical treatment case: look away now.