URGENT ADVICE NEEDED

[jayjay01]

Hello scholars,

I have been going through this site and find it so helpful. I need advice on the last decision I received last Saturday from the HO.
I came into the uk Nov 2016 on a 6 month visit and in April I had a relapse which result me into hospital for some months and my brother a EU citizen having his treaty right decided to apply for my settlement which was done while I was admitted by a solicitor and in which he applied for private life under European convention in June 2017 with support of letters from the hospital.
In June 2018 they requested for letter from the hospital about my medical condition which I submitted and in July 2018 was refused which later lead to appeal at the court hearing the appeal result was refused and we appeal the decision and was dismissed without hearing.
My solicitor requested for additional fund to continue and me not working an my brother being at the edge of everything is being tired I went to ask administrative review which was rejected and was told that it doesn't qualify for it that I can now leave in which I went for reconsideration which bring the same result of rejection and that I can now leave and if I have any course to stay i should let them know now.
Today I went to the hospital and told the doctor and he ask what do I want to do which I told him I saw judicial review and he said I should try it and any assistance need I should let him know.
Now I look forward for the advice of this wonderful team what to do? You ADVICE will go a long way.

Thanks.

[modk79]

You have had an Immigration Judge assess your medical claim and it was refused? What is new about your case? Or do you disagree with the Appeal?

[Jaune08]

In June 2018 they requested for letter from the hospital about my medical condition which I submitted and in July 2018 was refused which later lead to appeal at the court hearing the appeal result was refused

If I may ask, what's your medical condition that relapsed when you were on a 6-month visa? Because there's a chance that Home Office would be refusing your visa on the basis that "your condition can be treated in your home country" if it's indeed non life threatening. Thus, can you share your nationality and what's your medical condition please?

[jayjay01]

The medical condition is Bipolar Affective Disorder and my country of nationality is Nigeria.

[jayjay01]

You have had an Immigration Judge assess your medical claim and it was refused? What is new about your case? Or do you disagree with the Appeal?

The Judge judged based on my family tie to my home country and not on my medical claim which he said my family could be in gap for me to take care of me and the case was follow up by the solicitor which he appeal the decision and when that was refused and need another fund which i could not afford i went for revalidation of the refusal and later reconsideration which were both rejected. the funniest thing is i was on medication before i enter the country which when i entered the medication was nullified by the medical team which implies that the medication given was not effective for the medication and then i have been fit with the meds.
i have my brother who is a italian citizen and living here which i could depend on eea on extended family of eea but the solicitor file in for private life which my return will curtail life.

[Jaune08]

The medical condition is Bipolar Affective Disorder and my country of nationality is Nigeria.

The Judge judged based on my family tie to my home country and not on my medical claim which he said my family could be in gap for me to take care of me

I'm talking from a medical perspective mainly, but a psychiatric disorder like Bipolar disorder, doesn't require to be treated in a specific country. It isn't like other diseases where you need certain surgical procedure or equipment. Actually, the social-family circumstances are more important in this particular scenario, along with the pharmacological treatment. I can understand why the judge has dismissed your case: even though the basis was your family in your home country and not your medical condition, it was probably that he ruled you will be better cared in your home country with a surrounding family rather than living in the UK where you only have one brother. In conclusion, refusing your visa was on the family tie basis, however this family tie can support you better when you're having a relapse. So it's actually both.

the funniest thing is i was on medication before i enter the country which when i entered the medication was nullified by the medical team which implies that the medication given was not effective for the medication and then i have been fit with the meds

So, are you telling me that you were under "X" treatment that wasn't really working when you travelled to the UK, and that's why you had a relapse, so the new medical team in the UK changed it and now you're better? Well, that's not a reason to grant you a settlement visa, and probably why your applications have been dismissed several times. Unless you had received an experimental treatment in the UK and/or treatment that isn't available in Nigeria, then you cannot apply for settlement due to your medical condition.


From a medical perspective is concerned, I don't think it's strong enough and you will be wasting more money if you're going on that path (trying to apply under the EEA law too). I suggest you to find another route to settle in the UK, whether it is Tier 1, 2, or 4.

Good luck!

[jayjay01]

The medical condition is Bipolar Affective Disorder and my country of nationality is Nigeria.

The Judge judged based on my family tie to my home country and not on my medical claim which he said my family could be in gap for me to take care of me

I'm talking from a medical perspective mainly, but a psychiatric disorder like Bipolar disorder, doesn't require to be treated in a specific country. It isn't like other diseases where you need certain surgical procedure or equipment. Actually, the social-family circumstances are more important in this particular scenario, along with the pharmacological treatment. I can understand why the judge has dismissed your case: even though the basis was your family in your home country and not your medical condition, it was probably that he ruled you will be better cared in your home country with a surrounding family rather than living in the UK where you only have one brother. In conclusion, refusing your visa was on the family tie basis, however this family tie can support you better when you're having a relapse. So it's actually both.

the funniest thing is i was on medication before i enter the country which when i entered the medication was nullified by the medical team which implies that the medication given was not effective for the medication and then i have been fit with the meds

So, are you telling me that you were under "X" treatment that wasn't really working when you travelled to the UK, and that's why you had a relapse, so the new medical team in the UK changed it and now you're better? Well, that's not a reason to grant you a settlement visa, and probably why your applications have been dismissed several times. Unless you had received an experimental treatment in the UK and/or treatment that isn't available in Nigeria, then you cannot apply for settlement due to your medical condition.


From a medical perspective is concerned, I don't think it's strong enough and you will be wasting more money if you're going on that path (trying to apply under the EEA law too). I suggest you to find another route to settle in the UK, whether it is Tier 1, 2, or 4.

Good luck!

Thank you very much for your advice. I am looking into applying extended eea family member because my brother stays here with his family and an Italian citizen. I just need a guide. Do I continue with the formal reference number from the HO or start afresh.

[modk79]

I agree with pretty much what Jaune08 says. The problem with the medical settlement route is you must show that your are 100% dependant on your brother for care and that if you go back to Nigeria, he would be forced to go with you as no other family member could care for you (or the healthcare in Nigeria is insufficient). It's a very high bar and you will need strong evidence to show that.

Anyway the route is https://www.gov.uk/family-permit/eea-family-permit and applying is free and you can do it online.

[jayjay01]

I agree with pretty much what Jaune08 says. The problem with the medical settlement route is you must show that your are 100% dependant on your brother for care and that if you go back to Nigeria, he would be forced to go with you as no other family member could care for you (or the healthcare in Nigeria is insufficient). It's a very high bar and you will need strong evidence to show that.

Anyway the route is https://www.gov.uk/family-permit/eea-family-permit and applying is free and you can do it online.

Thank you very much, i will go through the eea family permit but i want to ask about my passport do i need to apply for another one to submit the new application because it has expired with them so i can start application as soon as possible.

[modk79]

I agree with pretty much what Jaune08 says. The problem with the medical settlement route is you must show that your are 100% dependant on your brother for care and that if you go back to Nigeria, he would be forced to go with you as no other family member could care for you (or the healthcare in Nigeria is insufficient). It's a very high bar and you will need strong evidence to show that.

Anyway the route is https://www.gov.uk/family-permit/eea-family-permit and applying is free and you can do it online.

Thank you very much, i will go through the eea family permit but i want to ask about my passport do i need to apply for another one to submit the new application because it has expired with them so i can start application as soon as possible.

Sorry this is the right page
https://www.gov.uk/apply-for-a-uk-resid ... ligibility

Applying for a residence card. The earlier link was for a permit to enter the UK.
Read the section on "Extended Family Members" which includes Brothers and that "you need the personal care of the EEA national (or of their spouse or civil partner) on serious health grounds"

Docuemnts you must provide .... a current passport

The Home Office guidance states you need to provide a valid passport (page 26)
https://assets.publishing.service.gov.u ... 5.0ext.pdf

[Zerubbabel]

I am reading this and thinking: what a mess!!!

You came in on a 6 months visitor visa then based on a common psychological situation you used the NHS and filled applications to settle in the country.

I don't know from whom your are taking advice, but you are not doing yourself a favor at the moment.

Most solicitors I have had to deal with would refuse your cash and refuse to engage in a procedure knowing that it has little or no chances to succeed.

God forbid if we were talking about a difficult cancer that is just impossible to treat in your home country, the judge would have been - to some extent - sympathetic to your situation. But reading the description of that disorder from the NHS website:

https://www.nhs.uk/conditions/bipolar-disorder/

It seems like I have it too and most of my friends too.

I am not minimizing your condition at all, but for the purposes of the immigration, the medical situation has to be dire or desperate. We are talking about people with heavy disabilities or people literally dying while connected to heavy medical apparatus in ICUs or High Dependency Units. In such situations, the humanitarian responsibility is unavoidable and some discretion has to be applied.

When we talk dependency on medical grounds, we have to demonstrate that the person needs around the clock care for food, medication, toilet... AND the person cannot get that level of care in her home country. And still, even in those extreme situations, there is no automatic right to reside and the Home Office can still argue that the person is transportable to her home country.

The Home Office guys have nothing to lose. They know you are not in your right. So you keep applying and they keeping refusing. They know that sooner or later you end up broke and tired from this endless game and you decide to go.

Some people suggested you apply for Extended Family Member. Try it but put a limit to yourself. At one point, you need to accept and limit your losses. The bad thing in all this, is that you came in with a visitor visa and they could have granted you longer and longer visas after each visit within the rules. Now, if you leave the country, I don't see them delivering any visa for you in the future.

Worst case scenario, you may have to consider going home, resetting all this mess, then if you still want to go somewhere, there are plenty of countries where you can apply but please please take advice before you go and start anything.

All the best!

[jayjay01]

I am reading this and thinking: what a mess!!!

You came in on a 6 months visitor visa then based on a common psychological situation you used the NHS and filled applications to settle in the country.

I don't know from whom your are taking advice, but you are not doing yourself a favor at the moment.

Most solicitors I have had to deal with would refuse your cash and refuse to engage in a procedure knowing that it has little or no chances to succeed.

God forbid if we were talking about a difficult cancer that is just impossible to treat in your home country, the judge would have been - to some extent - sympathetic to your situation. But reading the description of that disorder from the NHS website:

https://www.nhs.uk/conditions/bipolar-disorder/

It seems like I have it too and most of my friends too.

I am not minimizing your condition at all, but for the purposes of the immigration, the medical situation has to be dire or desperate. We are talking about people with heavy disabilities or people literally dying while connected to heavy medical apparatus in ICUs or High Dependency Units. In such situations, the humanitarian responsibility is unavoidable and some discretion has to be applied.

When we talk dependency on medical grounds, we have to demonstrate that the person needs around the clock care for food, medication, toilet... AND the person cannot get that level of care in her home country. And still, even in those extreme situations, there is no automatic right to reside and the Home Office can still argue that the person is transportable to her home country.

The Home Office guys have nothing to lose. They know you are not in your right. So you keep applying and they keeping refusing. They know that sooner or later you end up broke and tired from this endless game and you decide to go.

Some people suggested you apply for Extended Family Member. Try it but put a limit to yourself. At one point, you need to accept and limit your losses. The bad thing in all this, is that you came in with a visitor visa and they could have granted you longer and longer visas after each visit within the rules. Now, if you leave the country, I don't see them delivering any visa for you in the future.

Worst case scenario, you may have to consider going home, resetting all this mess, then if you still want to go somewhere, there are plenty of countries where you can apply but please please take advice before you go and start anything.

All the best!

Thank you very much for you candid advice which i did not take for granted. At first when the application was applied for it was done by the solicitor and i knew he knows he is doing and the likely outcome but due to my instability mood i could not look into it not until refusal started coming and i read through the decision and got to know that he applied for private life which would have been the least of it when he could have applied for what could have brought out a positive result knowing my status.

Kindly go with this and advice on what to do, i have my brother (Same father and same mother) and family which i reside with here and he has been taking good care of me since i came which he is an Italian citizen exhibiting his treaty right, while i was in Nigeria he was responsible for sending my allowance via ria and WRemit at times and i visited him in Italy in 2015. I was expecting when i got myself for the solicitor to apply for extended family member of the EEA which would have been a better option but not knowing he did for private life. I will like to see for your advice on this route of application which i am looking into apply.