Elderly person visa's expired. Any experiences?

[Katherina198819]

My husband's father is from the US and has severe dementia. He moved in with us 2 years ago as he lost his house due to signing over to his other son, and none of the relatives in the US would take care of him.

We applied twice for elderly visas based on human rights, but it's been refused (not surprised. The chances are that getting it is extremely low). Until the applications have been processed, he could stay here legally.
Now he is 91, and his dementia is much worse. He doesn't remember anything, bearly speaking or eating and only awake 4 hours a day. He goes to the doctor's private (never used NHS and not planning on), and his pention insurance covers all emergencies if he ends up in the hospital. We take care of him at home.

Now the problem is: we could keep applying for the visa so he could stay here legally, but honestly, I don't see the point. It costs over 10 thousand a year (with all the legal fees included), and we know it will be declined.
When we asked the lawyer what will happen if he stays here inlegally he said: they propably can't deport him as he is in "end of life" shape- but of course, he is keep pushing to apply for the visa.
We talked to an elderly home, in case if he gets worse (his pention will be enough to cover the costs), and they said they would take him even without a visa.
When he arrived, he didn't have a retun ticket, so we thought it would be an issue, but no one had contacted us so far.

Any experiences?
He won't be a burden on NHS. We just want him here as he hasn't got anyone else. It's very sad, but there is no way he would survive a trip home, and he's got nowhere to go.
We will probably apply again for a visa (it's already in motion with the immigration lawyer), but I'm just curious about experiences and what will happen if we are contacted before the visa application?

I would contact your MP and see if they will support an application for him to stay on compassionate grounds

No experience but what a horrible situation, poor man. I hope someone comes along who can help.

It really shouldn't be costing you 10 thousand a year, how much are you being charged for this 'service' ?

The visa itself isn't the problem - £1700 plus the immigration health charge - £2500.
Our problem is the immigration lawyers- we contacted a lot of different lawyers, but they all said different things that this situation is hopeless. We have found one in London (London prices- over £400 hourly charges). Everything I read said never apply without a lawyer - now I'm thinking if his application will be uncessfull anyways, we might just apply ourselves. Can't make it worse, I guess.

Thank you, I will look into it! Never would have thought that could be an option.

Are you sure his pension will cover care home fees? They are around £1000 a week!

Definitely contact your MP. It’s really the best thing you can do in the circumstances.

I know! They are ridiculously expensive!
The care home we looked at costs £800 a week. His pension would just cover it unless they raised the prices since I talked to them.

As far as immigration law goes he would need to have renewed his visa before it ran out. Did he not have any financial means of paying for it? How long has he been in the UK? My relative is going to be paying for another round of visa renewal and then will be going for citizenship. They have to pay for access to medical treatment on the NHS and be financially independent in every other way. A US national has to oboe by these rules. I’m surprised he moved over here without financial security or any plans to stay.

Research your MP before contacting them. Some have been known to report illegal immigrants who contact them for help.

You won't get full on care for that little I'm afraid. £800 may buy you very basic room and food, but nothing more which it sounds like he needs.

His 91 years old with a dementia. He is been here for two years. Don't understand what kind of plan or citizenship he could have. What you saying is relevant for people with jobs.

My husband used to pay for his own visa and now he is a citizen. For a 91 years old it works differently.

It depends on the area. In my county some of the inner city care homes are about that price for nursing care. The posher ones out in the countryside/ purpose built Barchesters etc are about 1200/2000. Really does depend on the area and the home.

Yes, it's a village in the northeast. It's 600 without care and 800 with care. It is the closest one to our home. I looked around the town and they seem to be slightly more expensive.

So he gave his asset away which could have funded care?
if he falls in the home etc he will need an nhs ambulance and nhs A&E etc…. So will be needing nhs. So a visa would be helpful.

I would contact his/your MP as well, and see if they will help. Poor old chap. He's lucky to have you.

What type of visa did he come to the UK on, two years ago?

No it doesn’t. A retired person still has to go through the legal channels to remain here as a permanent resident. Why did he come here if he was already very unwell? That was irresponsibility in his and his family’s part. My relative is retired, and lives off their US state pension. They have to pay a lot of money to stay here, and this is also after working and living here for most of their life paying into the system too. That’s on you for bringing him here in the hopes that he will just be able to stay because he’s elderly and unwell. He would be a significant cost to the NHS. It’s not a nice situation but those are the facts.

He doesn't. His pention is high and he is going private. His medication, vaccination, everything is paid for!
His pention insurance from the State covers all hospital stays and emergencies. Believe me, we researched the policy and double-checked everything. He does not need insurance. He also has money saved up.

He came on a holiday visa (6 months stay). Around 5 months, we applied for the elderly visa - it took one year to process. After that, we applied again, and it's been refused after 6 months. According to the immigration law, he is here legally as long as he has visa applications in process - even if it gets refused.

We have dealt with people with expired passports/ visas etc. at work.

He will have his needs assessed if necessary and services provided under human rights. They won’t go to the expense of deporting a very unwell person.

His been kicked out his own house and has no one. We tried to fight it - take the house back, but that meant he had to stay in the US while the process lasted (which can take years). He would have died in the process.
Why is it so hard to believe that you don't want to leave a relative alone to die far away from you?
It's not irresponsible as he has money saved, he doesn't need NHS, and he just wants to exist in his room surrounded by his loved one. I personally don't see the problem. Also, when he came here he was much better- head memory issues but was physically active. In two years, his health declined. Which is expected for a 91 years old with dementia, after going through such an emotional stress.

Thank you. That is what immigration lawyers told us. I still would like to make his stay legal without constantly applying for elderly visa- it's seems like, unfortunately, that is the only way so far.

It's a while ago now - but an elderly uncle of my dad's was in the same position. He was born in the UK but left as a teenager to go to America and naturalised there as a US citizen so renouncing his UK passport. He always travelled as an American, paid taxes in the US not the UK. Never married or had children. When he was very elderly he decided he wanted to come "home" and just arrived one day to move in with his equally elderly bachelor brother, lived in the UK for about 6 years before dying.

Nobody ever questioned the fact he hadn't returned to the US at the end of his tourist visa but then again he never even started the process of applying to remtain. He was completely under the radar.

Just repeat it again because people seem to think he will need NHS. He doesn't!
He is the last generation of America's "golden age" who has very high pension and worldwide insurance cover.
We take him every 3 months to a PRIVATE GP and every 6 months to a memory test (for his memory medication). He payes for his own medicine and health care.
His US insurance covers all hospital states, ambulance calls, and emergencies. Again, he won't cost NHS money. If anything, they will gain money from him (one day, hospital stay cost £2500 pound for the insurance, and £50 for us).
He is not here to take advantage of the system. He can afford to go private.