Post
by avjones » Sun Nov 11, 2007 1:33 am
It's going to be a very tricky application, and needs to be done with care.
There are 2 possible routes under the Immigration Rules (IR). The first is as a visitor for private medical treatment:
Requirements for leave to enter as a visitor for private medical treatment
51. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor for private medical treatment are that he:
(i) meets the requirements set out in paragraph 41 (iii)-(vii) for entry as a visitor; and
(ii) in the case of a person suffering from a communicable disease, has satisfied the Medical Inspector that there is no danger to public health; and
(iii) can show, if required to do so, that any proposed course of treatment is of finite duration; and
(vi) intends to leave the United Kingdom at the end of his treatment; and
(v) can produce satisfactory evidence, if required to do so, of:
(a) the medical condition requiring consultation or treatment; and
(b) satisfactory arrangements for the necessary consultation or treatment at his own expense; and
(c) the estimated costs of such consultation or treatment; and
(d) the likely duration of his visit; and
(e) sufficient funds available to him in the United Kingdom to meet the estimated costs and his undertaking to do so.
The second is as a dependant relative under 65 years old:
Requirements for indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom
317. The requirements to be met by a person seeking indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom are that the person:
(i) is related to a person present and settled in the United Kingdom in one of the following ways:
(......
(e) parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom;
Under the first option, the guidance suggests that the NHS treatment he's already had may be a problem.
Caseworkers should consider all cases in the light of the on-entry key points and, in addition, must be satisfied that:
􀂋 the arrangements for consultation and/or treatment are satisfactory;
􀂋 the treatment will be of finite duration:
􀂋 the applicant has sufficient funds to meet the cost of the treatment and all other expenses;
􀂋 that he has paid for any treatment he has already received and intends to continue to pay.
There is some hope, though, in another part of the guidance:
3.1. Seeking leave for the purpose of receiving NHS treatment
The Immigration Rules do not provide for persons to be granted leave for the sole purpose of receiving free treatment under the NHS. Except in circumstances set out in paragraph 3.7 below, entry clearance or leave to enter for this purpose should be refused or cancelled under Paragraph 320(1) or paragraph 321(A) respectively and leave to remain under Paragraph 322(1).
Applications for leave to remain to complete a course of NHS treatment which has already begun should also be refused unless it would clearly be unreasonable to requirethe applicant to leave the United Kingdom (e.g. because he was in hospital following an accident). A decision to allow him to remain for a limited period should not be made below Senior Caseworker level. Where refusal is appropriate, the refusal notice should be accompanied by a letter advising that, if the person was prepared to seek the treatment privately, it would be open to him to make a fresh application for leave to remain.
The second option under the IR is always a hard one - "most exceptional compassionate circumstances" is a very hard test to mee. In addition, you said he has another son, your brother, in Ghana?
When does his visa actually expire?
It may be he should just apply to extend his visitor's visa, in the exceptional circumstances of his accident.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.
People should always consider obtaining professional advice about their own particular circumstances.
