Care not affordable in India Hyderabad - How do I prove it?

[rasinrdj]

Dear Members,
First of all many thanks for all your help, it is with the help of this forum alone, I've come to uk on HSMP and now a UK Citizen, settle with my Family (Wife and a 7 year old Child). Appreciate the prompt and knowledgable contribution of all the members.

My situation is that my Mother (a 70 year old Widow) has several medical conditions and has now become totally bed ridden, she needs someone with her 24/7 to do all the hygeine, toilet, bathing, food, medication etc.,
My Sister lives in India and is willing to take care of her for few weeks until I can either bring her here or move back home.

I went through these forums and understand that this application is nearly impossible to achieve, there are few people who went back home, tried applying and still got refused, one person secceeded son777 after an appeal.

I think my Mother qualifies for long term care requirements, the only thing I need to prove is that it is not available/affordable in India. Is there anyone who has done similar application and succeeded? I'm interested in what he/she has mentioned/provided for this question on availability/affordability of care requirements in India?

For my Sister, I'll get a letter from her that she will be moving out of the country soon and is only staying there temporarily to look after my Mother and it is not in our culture for Women/Daughters to take care of the parents. It is the Son's primary/sole responsibility to take care of the parents.

Any help is appreciated, I'll keep everyone posted as to what I'm doing so that it'll be beneficial for others who are in a similar helpless situation like me.

Thanks.

[Londoner007]

What medical conditions does your mother have?

[rasinrdj]

What medical conditions does your mother have?

Hi,
She has -
Severe Arthritis, and is unable to move/get up on her own from bed.
Heart's 3 arteries are blocked and 2 vales (mitral and aeorta) are severely damaged.
Had recently had a ADHD (acute heart failure) with Atrial fibrillation, had 2 strokes of 48 hours each, with breathlessness and had to be taken to hispital for breathing problems.
After the above heart failure, she has become totally bed ridden and is unable to perform any daily activities on her own. This according to doctors will be persistent and is getting worse day by day.
She is not an eligible candidate for any bypass/valve repair operations as she is too week for any such procedure, only medical management is the recommendation by Doctors.

Thanks.

[Londoner007]

You will need to really push to show she requires your care - think of it same way as filling in a PIP form. You will need to fight your case that

- She needs long term care to do everyday personal and household tasks - she of course requires this due to her arthritis etc.

- Sponsor needs to be over 18 and provide such support without use of public funds - which am sure you are aware of.

- The care required is not available or affordable in the country they currently live in - this is where you need to push your case that even though care is available how is she able to get to doctors office etc without physical support from someone (now that sister is not there).

Even if she wanted to attend doctors she will be unable to without your physical support.... you get the drift. You need to really paint a picture that she cannot cope with you.

Back it all up with medical evidence and when explaining your points back it up with how such health condition affects such and such way..

I have nothing more to add- but you will need to fight your case as adult dependent sponsorship is quiet hard - All the best and I hope your mum gets the support she deserves.

[rasinrdj]

- The care required is not available or affordable in the country they currently live in - this is where you need to push your case that even though care is available how is she able to get to doctors office etc without physical support from someone (now that sister is not there).

Thanks for the response.
Based on this I'm going to push that it is "not available" instead of "not affordable" as it has to be either a close relative like Son/Daughter who can only provide such level of care and no one else. Hope that the ECO will understand the nature of care and it cannot be provided by anyone other than her own children. And it really is, imagine if you are not there, will you ever be willing to leave your Mum/Dad in the hands of carers in India?

[Londoner007]

And "accessible". India has very good healthcare system if you go private. If she is not physically able to get out of bed etc without support then she will not have access to any of the services for Arthritis etc.

It's all up to you, but if you try to prove such medical support is unavailable in India then you may get a come-back from them stating that it is available. You may want to explore the angle of even though support available they are inaccessible to her due to her being dependent on family to support her to get these support, whom are all away from her.

You will need to workout for yourself from which angel you want to fight your case - All the best.

[rasinrdj]

And "accessible". India has very good healthcare system if you go private. If she is not physically able to get out of bed etc without support then she will not have access to any of the services for Arthritis etc.

It's all up to you, but if you try to prove such medical support is unavailable in India then you may get a come-back from them stating that it is available. You may want to explore the angle of even though support available they are inaccessible to her due to her being dependent on family to support her to get these support, whom are all away from her.

You will need to workout for yourself from which angel you want to fight your case - All the best.

Thanks, I'll press that it is not accessible.

A quick question, I have been in touch with some Solicitors one of them mentioned that if she gets a visa I have to pay for Medical charges for any of her treatment done on NHS for 5 years! Is that true?
I was under impression that we have to pay NHS surcharge which is few hundreds then ADR will be NHS covered as any other resident of UK. Of course we will be providing for all other care and don't depend on public services for any external carer etc.,

Thanks.

[CR001]

For an adult dependent relative, you have to sign the SU07 Sponsorship Undertaking form.

https://assets.publishing.service.gov.u ... orm_12.pdf

[secret.simon]

A quick question, I have been in touch with some Solicitors one of them mentioned that if she gets a visa I have to pay for Medical charges for any of her treatment done on NHS for 5 years! Is that true?
I was under impression that we have to pay NHS surcharge which is few hundreds then ADR will be NHS covered as any other resident of UK. Of course we will be providing for all other care and don't depend on public services for any external carer etc.,

ADR leads directly to ILR/ILE and therefore there is no IHS to be paid. As I understand it, being a settled person, the ADR can use the NHS from day one, though s/he is not expected to access any public funds (so, no benefits in their name for the first five years). See points 30-32 of the Home Office Review into ADR visas in December 2016.

However, the success rate of ADR visas is quite low. Based on the statistics provided in the Review linked to above, I have calculated that only 6% of applications succeed on first attempt, with a further 16% on appeal, with 78% of all ADR applications failing.

India has very good healthcare system if you go private.

Londoner007 raises an important point. There may be a reasonably good healthcare systen in your country of origin if you are willing to make adjustments. For instance, your mother could be moved to a care home attached to a hospital (assuming that such an arrangement exists in your country of origin). Alternatively, at-home care workers could be hired.

Your assertion that "it has to be either a close relative like Son/Daughter who can only provide such level of care and no one else" may not hold much weight for a British case worker, whose parents likely live independent lives and may later on live in a care home themselves. Judge the case by British standards and culture, not ones of your country of origin.

[rasinrdj]

ADR leads directly to ILR/ILE and therefore there is no IHS to be paid. As I understand it, being a settled person, the ADR can use the NHS from day one, though s/he is not expected to access any public funds (so, no benefits in their name for the first five years). See points 30-32 of the Home Office Review into ADR visas in December 2016.

Thanks for the clarification.

India has very good healthcare system if you go private.

Londoner007 raises an important point. There may be a reasonably good healthcare systen in your country of origin if you are willing to make adjustments. For instance, your mother could be moved to a care home attached to a hospital (assuming that such an arrangement exists in your country of origin). Alternatively, at-home care workers could be hired.

Your assertion that "it has to be either a close relative like Son/Daughter who can only provide such level of care and no one else" may not hold much weight for a British case worker, whose parents likely live independent lives and may later on live in a care home themselves. Judge the case by British standards and culture, not ones of your country of origin.

Absolutely, it's different culture.
The healthcare system is pretty good, no doubt about that, again here as long as some family member don't accompany with the patient, there are chances of ignoring the patient/charging some exuberant amount.

My concern/assertion that a close relative can only look after ADR is because the level of care provided in my Country is not up to the standards provided in some of the British care homes. Even after paying a lot.
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The above is costing me around 1800 GBP/month. Which I cannot afford.

The caseworker will now argue that I can arrange care workers at home. The problem with this approach is that, unless they are supervised constantly they refuse to do their duty properly.
Again some of the family member must be present at home, then only they will do their work, or else, they will simply just come pass time and leave. Not to mention some horror stories where the elder person is treated badly and abused at the hands of care worker.

Not sure if the ECO will be willing to understand these points.

Thanks.