Can You Remain in the UK to Care for a Sick Family Member or Friend?

Can You Remain in the UK to Care for a Sick Family Member or Friend?

John and Gwen are a couple in their 60^th.  They are from a visa national country. They came to the UK 5 months ago as visitors to see John’s elderly mother, who said that her days were numbered. John’s mother is a British citizen. Soon after their arrival, John’s mother’s medical condition got worse and she asked John and Gwen to stay and look after her a bit longer. They are concerned as their visa will expire next months. They know they cannot extend it as visitors. Can they remain in the UK using any other UK Immigration Route?

 

Outside the Immigration Rules

Here is what John and Gwen need to know.

There are no provisions in the UK immigration rules allowing someone in John’s and Gwen’s situation to remain in the UK on a short term basis. It is obvious that they will not qualify under the Adult Dependent Relatives rules. The Home Office and the Department of Health have consistently argued that the care in the community policy is not designed to allow people to stay in the UK who would otherwise not have a visa to do so.

However, there is a long-standing concession stating that further leave to remain application can be ‘granted where it is warranted by particularly compelling and compassionate circumstances’. The Home Office clearly instructed its caseworkers to consider such applications outside the Immigration Rules.

 

Applications from Outside the UK

At the British Embassies and High Commissions, they have a certain procedure of dealing with these types of applications. As there are no rules allowing entry clearance grant on the basis of coming to the UK to care for a sick family member or friend, the application will be considered under the General Visitors Rules. This, in the Home Office’s view, should be sufficient to provide short-term care or make alternative arrangements for the long term care.

However, in my opinion, John and Gwen are likely to encounter difficulty with this approach. A decision-maker can refuse their general visitors’ visas because they don’t seem to meet the key requirement for general visitors ‘Genuine intention to visit’.

All general visitor applicants need to demonstrate that they:

(a) will leave the UK at the end of their visit; and

(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and

(c) is genuinely seeking entry for a purpose that is permitted by the visitor routes; and

(d) will not undertake any prohibited activities; and

(e) must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds. This includes the cost of the return or onward journey, any costs relating to dependants, and the cost of planned activities such as private medical treatment.

Potentially, if John and Gwen were to apply to look after John’s mother from outside the UK, the UKVI may refuse their visas on all 5 grounds above. So, it is clear, that chances of succeeding outside in the applications made outside the UK are second to none. That is unless John and Gwen can present some form of evidence which is truly exceptional and compassionate.

What about:

 

Can You Remain in the UK to Care for a Sick Family Member or Friend?

Applications Made in the UK?

In their policy guidance, the Home Office encourages its caseworkers to always consider cases on its individual merits.

However, in all types of cases, the decision-makers will have a look at the following factors:

• 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 they find any exceptionality in the case, they are likely to grant it for only 3 months. With ‘no recourse to public funds’ condition imposed on John’s and Gwen’s stay. This means that they cannot claim any type of public benefit while remaining in the UK to look after John’s mother.

 

Further Leave to Remain after Further Leave to Remain

What if, after getting a 3-month extension, John and Gwen need to stay even longer?

At this stage, the Home Office instructs the decisions maker to get in touch with the applicants and establish full facts of the fact.

At this stage they WILL expect John and Gwen to provide:

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 (if applicable), 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; and

4. full details of the patient’s family in the UK, the degree of relationship, and details of how the patient was previously cared for.  Also, they’ll need to explain why these arrangements are no longer suitable/ available. Additionally, the applicant will need to provide details of their circumstances in their home country. For example, they need to give information about their spouse and children. Also, if they work, they’ll need to provide information about their employment.  Other relevant family circumstances may be relevant. As a general rule a person seeking to remain in the UK on a long-term basis as a carer should normally be unmarried and have no dependents; and
5. evidence that there are sufficient funds available to maintain and accommodate himself/herself without working or recourse to public funds.

 

Public Funds

The majority of leave to enter or remain applications will have a ‘no recourse to public funds’ condition attached to their stay. This means that they will not be allowed to claim any benefits while in the UK.

However, under the Care in the Community arrangements, some patients may qualify for an Attendance Allowance.  They can use the AA money to pay for a person to care for them. Attendance Allowance is a tax-free benefit for people aged 65 or over. To claim it they’ll need to prove that they need help with personal care because they are physically or mentally disabled.

The UK Government pays this allowance to the patient rather than the carer. Therefore, the carer will not be getting public funds per se. If the patient is claiming other benefits and is using these to support the carer then again the Home Office will not consider this as recourse to public funds. It is unless the carer was to claim benefits in his own right.

More Help

You can learn how to make a visa application yourself by attending one of the UKVisaSuccess.com online courses. Get more information HERE.
You can get more information about various UK Immigration Routes HERE.