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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My Lady Friend applied for a visaTo visit me last year. It

Customer Question

My Lady Friend applied for a visaTo visit me last year. It was refused on a technicality. As She failed to translate her wage slips to English. We hoped to eventually spend our lives together but I have this week been discharged fron Hospital after being diagnosed with Colon Cancer which has spread to my Liver and is basically untreatable. My Lady Friend who is a Philippina Caregiver working in Israel wishes to come and look after me if it is at all possible with maybe Special Dispensations in our case and achieving a Domestic Visa. I know this will be difficult but wish to try my and our hardest to make this happen. .... Eric Alfred Dickinson Coventry UK
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

How long have you known each other? What is your income and savings?
Customer: replied 4 years ago.

We have known each other since 10 May 2010 my income is approx 1,200 GBP per month made up of Pensions and Attendance allowanc and my savings are around 8,250 GBP My Lady Friend will presumably go back to the Philippines to her Family when the end comes here but we do not talk about that at the moment. It is not possible at the moment for us to marry either. I am 79 and my Lady Friend is 46 but age does not come into our relationship. She is also Financialy Secure Herself.

Expert:  Alice H replied 4 years ago.
OK. When was the last application made and was it refused under immigration rule 320(7A) as far as you know?
Customer: replied 4 years ago.

The Date applied not clear but 28 June 2012 was the appointment at the British Embassy in Tel Aviv and the refusal date was 2 July 2012 under paragraph 41(i)(ii) the verbal explanation was that She did not provide adequate proof of working in Israel aas the pay slips were not in English.

Expert:  Alice H replied 4 years ago.
Thanks for all the additional information.

The only application your friend can make is as a general visitor as you are not married or partners with a genuine and subsisting relationship.

She would have to make a fresh application to enter the UK as a visitor. However on this occasion you should provide a letter confirming you will sponsor her visit and provide accommodation AND as much evidence as possible about your medical condition.

There is no special dispensation available but the guidance to Entry Clearance Officers from the Home Office states:

"...[ECO]... should give consideration to whatever a sponsor produces in support of an application and note anything that has a bearing on the case. Recording evidence from the sponsor will assist in rebutting any later accusation that the sponsor was excluded from the process."

This guidance is saying that the ECO must take any information into account when considering the visitors application. Medical evidence of a terminal illness is an important consideration.

It is essential that your friend provides all the correct details and documentation. In the event that the application is refused you could ask for a review or appeal on human rights grounds - the right to private and family life under article 8 ECHR.

If the application is submitted with the correct documents and supporting medical evidence then everything should be fine.

Customer: replied 4 years ago.

Thank You Very much in this matter Alex, You have been a great help to me in the face of some very difficult times ahead. I have no idea how much time I have left but you have helped clear the air to getting my friend here to help me have some happiness in the time we can spend together and I REALLY do appreciate your help. Eric Dickinson.

Expert:  Alice H replied 4 years ago.
My pleasure. Please remember to rate my answer so that I am credited for my time. All the very best!