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ReadyLaw
ReadyLaw, Lawyer
Category: Immigration Law
Satisfied Customers: 857
Experience:  Adjunct Lecturer at University of Technology
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To .. Mrs Malume visit to the UK Mrs Malume is 76 years old

Customer Question

To ..
Mrs Malume visit to the UKMrs Malume is 76 years old and resides in Zimbabwe. Mrs Malume is a widow and has 6 children. All of her children are married and have children ( grand children). Five of her children are resident in the UK and and one lives in Australia with her family.Mrs Malume was granted a UK visitors visa in November 2018 to come and visit her children and grand children. During her visit Mrs Malume health began to deteriorate. Mrs Malume ‘ s mobility began to deteriorate till we sought medical assistance privately. She was later referred to physiotherapy where she took a full course of physiology in Scotland where one of her daughters live. Despite all efforts her health continued to deteriorate. We then took her to the GP where a variety of blood tests were done. Unfortunately the blood tests results came indicating a high presence of paraprotein in the blood. Mrs Malume was then referred to Haematogy Consultant who then carried out further tests, X- rays, Scans and Bone Marrow test. The bone marrow test then confirmed that there were cancer cells in the body
While we were seeking medical assistance for Mrs Malume, her 6 months visitors visa expired and we applied to HO for an extension before expiry. Home Office refused to extend Mrs Malume’s visa, however they granted her the right to appeal their decision. Mrs Malume applied for an appeal. Her appeal hearing is on the 14 November 2019.Current Situation
Mrs Malume has a diagnosis of Myeloma cancer however is she not yet receiving treatment as doctors are carrying further tests. The Consultants wants to monitor her situation closely every 3 months and hence they will be doing more tests. Mrs Malume has been allocated a key worker who will be able to monitor closely.Life in Zimbabwe
Mrs Malume is lives on her own, all children and grandchildren live in UK and Australia.
Mrs Malume is unwell and the diagnosis is myeloma cancer.This condition has just been diagnosed and and under review and close monitoring. It’s still too early to make a decision about what happens next and hence doctor will monitorAt the moment medical health situation in Zimbabwe is at a brink of collapse
Doctors on strike , medications unavailable from pharmacy etc.
Further to this there is no one to look after Mrs Malume and she will be all aloneBased on the information above we therefore seek to find what our options are given these circumstances?
Submitted: 11 days ago.
Category: Immigration Law
Expert:  Nicola-mod replied 10 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

Customer: replied 10 days ago.
l am ok to wait because l need an answer
Expert:  ReadyLaw replied 10 days ago.

​good day your question has been forwarded to me to see if I may be able to assist. Kindly give me a minute to review.

Expert:  ReadyLaw replied 10 days ago.
What visa did you apply for in order for her to remain in the UK? What was the reason given for the refusal?
Customer: replied 10 days ago.
the visa she applied for was a visitors. she then applied to extend on medical grounds. the reasons were that she can receive treatment in Zimbabwe and her medical condition was not life threatening. she has since been diagnosed with myeloma and doctors want to review her in 3 months time
Expert:  ReadyLaw replied 8 days ago.

Thank you for the additional information.

 

At an appeal hearing, what the court considers is a review of the documents that would have been before the Home Office at the time they made they made the decision refusing your mother leave to remain and whether based on that evidence they find that the Home Officer would have made an error in law. This means the tribunal will consider whether the Home Office:

  • did not apply the correct law or wrongly interpreted the law
  • did not follow the correct procedures
  • had no evidence or not enough evidence to support its decision

Now, i am not sure when you applied to extend on what basis you applied for her to do so, as, her entitlement to this is not of right. If the application were to be granted, it would have had to rest on a UK citizen's right to private/family life and not necessarily because of all the things you have mentioned are wrong with your mother. You perhaps need to focus primarily on the the third test above and ask on the basis of that for the Tribunal to allow you to submit evidence to demonstrate how her being asked to return home will affect the UK citizens.

 

I must say that this will be a difficult case particularly as the rules generally do not permit persons to switch from a visistors visa to any other category in country. Furthermore, there is a visa category which allows someone like your mother to apply for from Zimbabwe specifically to allow her to enter the UK to be taken care of by her family. Please see below visa:

https://www.gov.uk/uk-family-visa/adult-dependent-relative

 

It is likely therefore that even if they find her situation to be debilitating ot so serious in nature that would require her to cared for by relatives, the Home Office may still pose the question as to why she did not apply for the above permit from Zimbabwe. I would encourage you therefore to be prepared to address the Tribunal on this.

 

i do hope I was able to put things into perspective for you.

 

All the best RL

 

Expert:  ReadyLaw replied 5 days ago.

I note that you have not ticked to confirm you have read and accepted my response and whether there is anything else I may assist you with. Best wishes RL