Hi, Male friend of mine, UK citizen, suffers from epilepsy. Girlfriend is US citizen but has now been living and caring for him for over two years solid. Although she has been in the UK for nearly four years, she could not claim two years partnership when she applied for Leave to Remain in April 2012 (she had been back to the USA for a couple of months without realising the implications). Leave to Remain was therefore sought on health grounds because she is needed as a full time carer that NHS cannot easily supply. Leave to Remain has been refused because, it seems, the letter supporting the need for care was from her partner's lowly GP and not his super-respected specialist NHS consultant. No prior advice that GP letter did not carry enough weight. Easily rectifiable with correct consultant's letter, but "no right to appeal", so what to do?
She has now been my friend's constant partner for over two years, in line with Appendix FM, and the healthcare that she provides is as necessary as ever. As this all seems to hang on not providing a letter from the consultant, just from the GP. a point blank refusal seems harsh.
She must now report to Immigration enforcement officers. What is the next thing to do to obtain Leave to Remain?
Thanks for dealing with this.
When applying for L2R in March 2012 she believed that she had queered her pitch by going back to the States. She may well have misinterpreted the requirements, and been badly advised somewhere. They figured the care provision argument was strong enough.
Has been in UK on expired visitors stamp with permission to remain while case considered.
Here is a copy of the rejection attached:
I now have all the details.
(These guys are childhood sweethearts reunited - he works for me - I want to help)
She arrived UK July 2010 (6 month tourist)
Denmark December 2010 four weeks
reenters UK Jan 2011 gets another 6 month tourist entry
June 2011 goes Texas
reenters UK September 2011 (told last time with tourist stamp - must apply for visa next time)
So she applies for R2L in March 2012, just as visa is expiring. I now see that she had not been living with partner for two years in UK, (sorry about the confusion there Howard - if I owe you a tad more for dealing with a red-herring then let me know) so applied on grounds that she offers care when boyfriend has a fit.
She was advised it would take six weeks but took year an half, during which time she was allowed to remain.
Here a PDF scan of the HO letter: I hope that you can view it this time....it's kinda relevant. Thanks.
Yes the Spouse visa would probably work now.
But the application was for exceptional circumstances - caring for his epilepsy.
It seems to have been rejected because "You have failed to provide a letter from a registered medical practitioner who holds an NHS consultant post, therefore we are not satisfied that you need to remain in the UK to provide care for your boyfriend. Without sufficient evidence etc. etc.... "
The point is that the boyfriend had no reason to believe that his GP was not a sufficient witness so just sent a letter from him. He could easily have obtained confirmation from his consultant, had he known.
So is there no way that this decision can be reconsidered? The consultant is happy to write.
It seems unfairly harsh not to be able to say "hang on, I can provide proof from my consultant.....why didn't you say my GP was not good enough?"
The alternative of having to leave the country etc. may well work but it will be most disruptive.
For your money and good ratings from a satisfied customer (except for the system itself and the attachment problems) I ask: is there anyway that this decision can be challenged, or can it only now proceed with new applications from outside of the UK?
This whole consultation with you would have worked a lot better had it been easier to attach the document. I've seen it attached my end so no idea why you did not get it.
Thanks......a brief reply please, and we are done.
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