Visitor Visa extension for the UK

[jimbo100]

Hi,

This is my first post and I am looking for some help. I have lived with my partner in Thailand for the last 5 years. We are currently in the UK (my home country) she is on the normal tourist visa, which lasts for 6 months. We arrived in the UK on 2 November 2015. I have been diagnosed with a serious illness of which I am in need of an operation then possibly several months treatment. This would take us well past the expiry date of her present visa. My question is, does anyone know if there is a way we can get her visa extended, or another type of visa allowing her to stay longer, We have not been apart since we started living together and now during this difficult time we don't want to be forced to part.

Any help greatly appreciated.

Thanks

[theoldgit]

First of all I'm sorry to hear about your illness.

I'm pretty sure that it's not possible to extend a general visa in the circumstances you describe, ie the accompanying partner is unable to travel due to a medical problem.

I do know that a visa national can apply to extend their visa if they're undertaking private medical treatment, and whilst common sense dictates that she should be able to, I don't know if that's the case.

I do wonder what would happen if she was unfit to travel, would she be removed once her visa expired, I suspect not.

I would hope that there is a way round this, again common sense dictates there should be, maybe TonyM might be able to advise if there are any options available.

On a related point, I note you no are longer resident in the UK, did you encounter any problems accessing the NHS?

I hope you make a speedy recovery.

[stuartsko]

First of all I'm sorry to hear about your illness.

I'm pretty sure that it's not possible to extend a general visa in the circumstances you describe, ie the accompanying partner is unable to travel due to a medical problem.

I do know that a visa national can apply to extend their visa if they're undertaking private medical treatment, and whilst common sense dictates that she should be able to, I don't know if that's the case.

I do wonder what would happen if she was unfit to travel, would she be removed once her visa expired, I suspect not.

I would hope that there is a way round this, again common sense dictates there should be, maybe TonyM might be able to advise if there are any options available.

On a related point, I note you no are longer resident in the UK, did you encounter any problems accessing the NHS?

I hope you make a speedy recovery.

It is a terrible shame ukvi don't allow for this type of scenario.... Could be an idea to get your local mp involved depending on what constituency you are in, if your mp is an opposition member or a sympathetic conservative the issue could get raised... My friends father returned to England after 15 years In Pattaya, the memorial hospital kept draining his lungs (also his money) until he had to return to UK... It was far too late for him unfortunately, an incorrect diagnosis of his health in Pattaya meant he wasn't correctly treated for 2 years.. He had no issues getting treatment in the UK, and I know I have never been asked for an NI number before been treated in the past... But a heavily stretched NHS will eventually cotton onto this eventually I expect. Edited December 27, 2015 by stuartsko

[jimbo100]

Hello,

Thanks for your reply,

I don't fully understand what you mean by: ie the accompanying partner is unable to travel due to a medical problem. What I was mulling over is, if I could nominate her as my carer?

Also by I don't really understand what you mean by:I do know that a visa national can apply to extend their visa if they're undertaking private medical treatment.

I called her visa a normal tourist visa, I notice that it is now called a (visitor visa)

Below is a link to a UK govt website that I have just found, which I think looks promising. Quick guide: Extension of stay as visitor page 5.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/481776/Visitor_guidance_V_3_0_EXT.pdf

You asked if I encountered any problems with the NHS: The simple answer is yes, I was about to be refused treatment on the NHS unless I could prove residency. The fact that I own properties in the UK and pay tax on earnings and gov pension in the UK counts for nothing.

After a slightly heated discussion with the hospitals Immigration officer, she did warm to my cause a bit in as much as she asked me where I was staying. I told her with a friend and to cut a long story short she did come up with the idea as to would he give me a tenancy agreement for a room. Which is perfectly legal and you can download the agreement form from the internet, free. That was accepted.

Thanks for any further help you might be able to give.

Edited December 27, 2015 by jimbo100

[theoldgit]

Sorry if I didn't make myself clear yesterday, I was using a tablet poolside.

What I meant by "ie the accompanying partner is unable to travel due to a medical problem", your partner is the visa holder, you are accompanying her, albeit you are a Brit so don't require a visa, you both live in Thailand and you cannot return home because of your condition. Common sense should allow your partner to remain with you until you can travel home together, unfortunately the visa rules don't seem to allow for your position.

The second query, "I do know that a visa national can apply to extend their visa if they're undertaking private medical treatment" is exactly what it says, your partner is a visa national, if she was undertaking private medical treatment then she could apply to extend her stay, but as it's you undertaking the treatment then I don't see how she can. That would be all well and good if you were living in the UK and she in Thailand, but that isn't the case.

I'm aware of the guidance that you referred to, but as I read it that section doesn't cover your position though it should do, you could well argue that as you are in a subsisting relationship, you both live overseas and are travelling together, that it would be unreasonable to expect your partner to travel home without you, thus removing her support.

It's probably worth a shot, maybe I'm being too pessimistic.

One more point, if you're of UK State Pension age, sorry if you're not, be sure to advise the DWP that you're in the UK and they will pay you at the appropriate rate during your stay

[jimbo100]

Hi,

Thanks for your reply. Sorry if I didn't make myself clear yesterday, I was using a tablet poolside. Ggrrr

Yes it is all clear now, thanks for that. I reread the guidance notes link that I posted and noticed that yes she could extend her visa as long as the visa she already has is not the 6 months max for the visit

I suppose the next thing to do is phone the UK Immigration office to see if there is a way that I can appeal this. Yes I had already contacted the DWP

Thanks for your help

[Tony M]

Hi,

Thanks for your reply. Sorry if I didn't make myself clear yesterday, I was using a tablet poolside. Ggrrr

Yes it is all clear now, thanks for that. I reread the guidance notes link that I posted and noticed that yes she could extend her visa as long as the visa she already has is not the 6 months max for the visit

I suppose the next thing to do is phone the UK Immigration office to see if there is a way that I can appeal this. Yes I had already contacted the DWP

Thanks for your help

It's been some time since I had any dealings with applications to remain in the UK, so I aplogise for any out of date information. Basically, you cannot extend a 6 month visit visa. However, you can apply for an extension on compassionate grounds, and it might be considered outside the rules, as there is no provision for a visit of more than 6 months within the rules ( with a couple of exceptions that you already know about). Unfortunately, extending a visit to be a "carer" is not possible, as this then falls into the realm of employment. A person can apply for a 6 month visit visa as a visitor/ "carer" but only really to make provision for long term care for the person who is ill in the UK. Your wife could return to Thailand, and then make a compassionate application to return to UK as you are ill, but the ECO will have to take into account the amount of time she has already sent in the UK, and whether she will actually leave at the end of any stated period of visit.

There are, of course, human rights considerations. If you are ill in the UK, then your wife may well have the right to be with you ( the right to family life, under Article 8 of the HRA), and if you cannot travel, then it would seem only right that she should be able to spend time with you. I would suggest contacting an OISC Level 3 advisor in the UK, who will be able to advise you on this. I would hope that an application for an extension on human rights and compassionate grounds might have some success. If not, then a new visa application ( assuming your wife returns to Thailand) on the same grounds might be successful.

[jimbo100]

Hello Tony,

Thanks for your reply.

I phoned the UK Visa & Immigration office today and gave them the details. The person I spoke to was not an Immigration officer, ( I think) he did mention the visit guidance, page 5 about private medical treatment. Although my partner is not receiving any treatment he did feel that we may be able to use this for compassionate grounds.

He gave me an address in Sheffield to write to. The Sheffield Premium Service? Would you know of this service? I am thinking also would you know of an email address?

If my partner does have to return to Thailand can she apply immediately for a new visa? We are under the impression that you have to wait 6 month before you can reapply.

On another note, are there any other visas we can apply for from within the UK which wouldn't mean her having to sit the level 3 immigration assessment as she has not studied for this.

Once again thanks for any help.

[theoldgit]

The Sheffield facility is where a number of Immigration caseworkers are housed, they mainly deal with FLR and ILR applications but they also deal with unusual requests such as yours.

They do carry out a premium service, at an added cost, whereby a decision can be given face to face and on the spot.

I'm not sure what you mean by an Immigration Level three assessment, Tony referred to possibly enlisting the services of a OISC Level 3 advisor, these are commercial entities, sometimes lawyers sometimes trained immigration specialists who are certified to offer advice in unusual or more complex cases. Find an Immigration Adviser

If your wife is forced to return to Thailand, and I hope that the staff in the UK will accept the absurdity of that, then no, there isn't a requirement to wait six months before reapplying, a further application could actually be submitted online before she left the UK. The six month rule refers to the fact that visa nationals shouldn't normally spend more than six months in any twelve in the UK, yours of course isn't a normal case.

Good luck.

[jimbo100]

Hello,

When a talked of the level 3 assessment I thinking about if we looked into another type of visa such as a settlement visa, when she would need to do the Life in the United Kingdom test.

I think what we need to look for now is who to contact within the UK government to put our case to. I don't seem to be able to find the appropriate department. Would you have any idea on this? I would like to be able to do this with as little cost as possible. But if there are costs incurred then so be it.

Once again thanks for your help.

[bobrussell]

The only hope that I can see is to follow Tony M's suggestion and try to get the visa extended on compassionate grounds. There is a mechanism for this outside the standard immigration rules.

it will be necessary to demonstrate the reasons to UKVI/Home Office so the first place to go would be the GP. If he or she is willing to write a letter stating the situation then it is worthwhile writing to UKVI, enclosing the letter and a full explanation. It is useful to involve your MP even if by letter.

[7by7]

As said, this could be possible but such an application would be outside the rules and therefore, with respect to my fellows, outside the experience of members here.

I agree with Tony M and theoldgit that your first port of call should be an OISC level 3 advisor or a specialist immigration solicitor.

With respect, I doubt that the average MP would know enough about this to advise, and they certainly could not bring undue influence to bear upon any decision by UKVI.

[bobrussell]

An MP enquiry can 'lubricate the wheels' of applications outside the rules. Pretty much helpless for applications under the rules.

Not sure where an immigration expert can help much more than a full explanatory letter to the UKVI. It may well be they reply and say it is not possible. In that situation the visa holder would decide to travel home and make a fresh application there or challenge the situation.

Nobody here claims to be an expert on applications outside the rules. If there are good reasons for a compassionate decision then there is no reason why UKVI or the Home Office should block a degree of flexibility. If the request is reasonable there is no reason not to consider it.

Obviously an expert can present an argument in the most effective manner but the key strength of the argument will come down to the facts of the case.

[jimbo100]

Hi,

It seems that going with the OISC level 3 advisor or go it alone is a bit like the glass half full scenario, other than the UKVI do recommend using OISC to apply for a visa extension, so it does look as though it might be possible. I think the OISC option has to be the way to go. It is certainly worth contacting a level 3 advisor.

Bob russell, I understand what you are saying, I do feel that going to my local MP could be an idea if all else fails. Do they really care?

I do agree that an expert can present an argument in the most effective manner but the strength of the argument will come down to the facts of the case

Thanks all for your advice, it has given us a degree of encouragement and hope.

[theoldgit]

I wouldn't wish to advise against writing to your MP to enlist support, but I would urge you against believing they can sway the decision maker too much, they certainly wont be able to "grease the wheels".

This is a quote from the decision makers guide book you provided the link to

If an MP writes directly to post in support of an application, you should send an acknowledgement stating that when the application is assessed, the MP’s letter will be taken into account together with all other available evidence.

I know from experience of dealing with MP's letters, though not in a visa issuing section, they are read but have little sway, unless of course your MP is the current Secretary of State. Maybe a two pronged approach.

[bobrussell]

Reserve involving your MP for if/when you have issues with UKVI! Most MP'd seem to be in contact with UKVI on a regular basis and they actually have a specific department dealing only with MP enquiries!

Not saying MP intervention will change a ruling (especially within the immigration rules) but they can get a review under way. I seem to be the exception! MP involvement altered a decision to refuse entry to the UK by my wife!

Using an expert has the advantage of allowing the best preparation for the application but at a price!

[jimbo100]

Hello,

I go into hospital tomorrow for an operation to remove a lump from my neck, should be in for 5 or 6 days. When I get out will look into what might be possible.

Thanks for the advice given.