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Discussion Starter · #1 ·
I just wanted to thank everyone for there advice when the HO lost our documents, after we got our local MP involved and proved the HO did receive the documents they were luckily found. This is a huge relief.

Now when our local MP contacted us to let us know his office informed us that my visa will likely be denied on the grounds that I have been diagnosed with terminal cancer. He told us that the HO will say it is not in the interest of the UK to fund my treatment. We can appeal off course but he thinks this is pointless. We find that an interesting statement from our MP considering our local NHS trust has already checked with the HO that I am entitled to treatment in the UK. Our NHS trust asked if I could not be denied treatment and sent home. The HO wrote back no, I am a British Resident with a British spouse therefore I am entitled to treatment.

We will be holding our breath as I am starting treatment now as the cancer is stage 4, aggressive and fast spreading any delay in treatment will shorten my life span considerably. As it is they are giving me only 12 months and honestly I do not need a fight with the HO during this nightmare.

All this extra stress is the last thing we need at this devastating time.
 

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Sorry to hear about your situation. As someone who works with people having life-limiting conditions, you have my sympathies. I think the MP has misunderstood your situation. Your application will be decided on meeting the requirements, and your health issues, while distressing, have no direct effect. You are entitled to treatment under NHS as long as you hold a valid visa. Should your visa be denied for reasons other than your illness, you will lose access to free NHS treatment.
 

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Discussion Starter · #3 ·
If my visa is denied and we appeal am I still covered whilst the appeal process is happening.

Thanks.
 

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You may be allowed to appeal in-country because of your mitigating circumstances. I think you should consult qualified advisor.
 

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Discussion Starter · #6 ·
Really I have already been here on my first 30 month spousal visa, therefore it is my understanding that whilst I am appealing I am allowed to stay. Even more confused.
 

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I'm sorry I don't have anything useful to say... I'm just so deeply sorry for the situation you're in and I hope you find a way forward without undue resistance.
 

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I too send my best wishes. Appeals now tend to be allowed only out of the UK. However, as Joppa says, you might be allowed to remain while an appeal is pending due to your extenuating circumstances. Also, you have not been refused and hopefully won't be!
 

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Really I have already been here on my first 30 month spousal visa, therefore it is my understanding that whilst I am appealing I am allowed to stay. Even more confused.

The rules recently changed and any appeals have to be done from your home country. However, as Joppa stated, you may be allowed to appeal in country appeal due to your situation.
 

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The rules recently changed and any appeals have to be done from your home country. However, as Joppa stated, you may be allowed to appeal in country appeal due to your situation.


The Kiarie & Bindloss decision of the UK Supreme Court (14 June) has put in some doubt the out of country appeal rule. Could be very significant and there in much chatter in legal circles and on the Internet.


Envoyé de mon iPhone en utilisant Tapatalk
 

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The Kiarie & Bindloss decision of the UK Supreme Court (14 June) has put in some doubt the out of country appeal rule. Could be very significant and there in much chatter in legal circles and on the Internet.


Envoyé de mon iPhone en utilisant Tapatalk
And if I recall correctly they were both convicted of criminal offences. I do think the out of country appeals for visas such as FLR(M) is quite harsh, but not surprising given the current government.
 
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