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Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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ONE OF MY FRIEND HAS COME FROM INDIA AS A VISITOR TO THIS COUNTRY.

Resolved Question:

ONE OF MY FRIEND HAS COME FROM INDIA AS A VISITOR TO THIS COUNTRY. HE IS STAYING WITH HIS AUNT WHO IS APPORACHING 89 YEARS OF AGE. SHE WAS NOT IN THE BEST OF HEALTH BEFORE HIS ARRIVAL TO THIS COUNTRY. BUT SIENCE HE HAS STAYED WITH HER SINCE HIS ARRIVAL TO THIS COUNTRY SHE WAS LOOKING MORE HAPPY AND FEELING MUCH MORE BETTER IN MANY YEARS. UNFORTUNATELY MY FRIENDS VISAS WOULD FINISH IN SHORT TIME. NOW SHE CAME TO KNOW THAT HIS VISAS ARE EXPIREING AND HE HAS TO LEAVE THE COUNTRY SO SHE LOOKS DISSAPOINTED AND SAD AND I BELIEVE THAT WOULD REFLECT ON HER HEALTH VERY BADLY. MY FRIENDS FEELS SINCE HIS FAMILY WERE SUPPORTED BY HIS AUNT IN THERE HARD TIMES MANY YEARS AGO IT IS HIS MORAL DUTY TO STAY WITH HIS AUNT AND SEE HER HAPPY BEING WITH HER. THIS COULD BE ONLY POSSIBLE IF HE CAN EXTEND HIS VISAS.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Paul Richmond replied 6 years ago.

Thank-you for your question. I am an immigration barrister with over 10 years experience in UK immigration law.

 

It is not possible for your friend to apply to stay in the UK solely on the basis of his familial relationship with his aunt. There are no other categories under the Immigration Rules available to him. However, there is one possible route that may be open to him. If your friend has been caring for his aunt, who must be sick or disabled, then it may be possible for him to apply for leave to remain outside the Immigration Rules as a carer. He would have to provide the UKBA with evidence as to the type of illness/condition (this should be supported by a Consultant's letter); and the type of care required; and care which is available (e.g. from the Social Services or other relatives/friends); and the long-term prognosis. If successful, your friend would be granted leave to remain for 3 months. He could then apply for a further period of leave to continue to care for his sick relative. UKBA would then undertake detailed enquiries to establish the full facts of the case. At this stage your friend would have to produce the following:

  1. a letter from a registered medical practitioner who holds an NHS consultant post with full details of the condition/illness and long term prognosis; and
  2. a letter from the local Social Services Department, where they are known to be involved, advising of their level of involvement, the perceived benefits of the presence here of the applicant, and an explanation as to why suitable alternative care arrangements are not available.
  3. Any further evidence that alternative arrangements for the care of the patient have been, or are being, actively explored. For example, whether contact has been made with voluntary services/charities to see if they can assist or whether the possibility of private care has been costed and assessed.
  4. full details of the patient's family in the United Kingdom, the degree of relationship, and, if applicable, details of how the patient was previously cared for and why these arrangements are no longer considered suitable and/or are no longer available; and
  5. details of the applicant's circumstances in his home country, such as whether he has a spouse and children, the type of employment and other relevant family circumstances (as a general rule a person seeking to remain in the United Kingdom on a long term basis as a carer should normally be unmarried and have no dependants); and
  6. evidence that there are sufficient funds available to maintain and accommodate himself without working or recourse to public funds.

If the UKBA were to be satisfied that there are sufficient exceptional compassionate circumstances to continue the exercise of discretion, leave to remain may be granted for up to 12 months at a time.

 

I hope I have answered your question. Please kindly click the green ACCEPT button so that I may be compensated for my time. Thank-you.

 

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