A family brought an elderly relative to the UK on a visit visa to spend time with family. During her stay, her health deteriorated significantly, and it became clear that her returning to her home country, where she had previously lived alone, was no longer safe or appropriate.
The situation
The client had a history of visiting the UK on valid visit visas and had always complied with the conditions of her leave, returning to her home country within the permitted period.
On this occasion, however, her circumstances had changed significantly. During her visit, her health deteriorated to the extent that returning home to live alone, as she had previously done, was no longer a viable option.
Her existing leave was due to expire within weeks. Overstaying was not an option her family was willing to risk, and a further visit visa would not have solved the underlying issue. The family needed a route that reflected the reality of her situation, not just an extension of tourism.
How ZH Law approached it
Mr. Zainul Jafferji, working with paralegal Simran Grewal, assessed the client’s circumstances and advised on an application for Leave to Remain on human rights grounds outside the Immigration Rules.
The evidence needed to establish how her circumstances had changed since her arrival, the impact of her deteriorating health, and the nature of the family life and support available to her in the UK.
The case was supported by detailed medical evidence, a clear account of the significant change in her circumstances since arrival, and comprehensive evidence of her family life and support network in the UK. Each piece of evidence was carefully brought together to demonstrate why removal was not appropriate given her specific circumstances at that time.
The outcome
The application was successful. She was granted 30 months’ leave to remain in the United Kingdom on private life grounds.
The case demonstrates the importance of identifying the correct legal route and ensuring the evidence is assembled to comprehensively represent the client’s circumstances. A visit visa extension or the wrong application route would very likely have led to refusal.
If your family is in a similar position
Every case is assessed on its own facts, and outcomes are never guaranteed. If a family member’s circumstances have changed during a UK visit and you are unsure what your options are, speak to us before their leave expires.
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This article is for information purposes only and does not constitute legal advice. For advice specific to your situation, please contact ZH Law.
