An unwell child needs to be brought back to UK ??

fairenough786

hello all...

I am not sure if this is the right thread but please advise me. its regarding a Indian couple who died in bus crash 2 days ago and their little daughter is so unwell in the hospital. They were travelling in India and the parents died in the crash and she is still in the hospital.

They have Indian passports and ILR (Indefinate leave to remain in UK). We (all people in the block where we stay) and all her relatives here need to bring her back to UK but the doctors say it could take upto 1 year for the girl to recover. how does it all work, with her parents dead, after 1 year can she come back to UK ??

thank you

lea2012

If her relatives live in the UK and she has adequate travel insurance then I am sure they will be able to bring her back to the UK. But if her parents have died it will depend on who will be her legal guardian from now on and what there passport / resident status is.

What a sad situation.

duchy

I'd suggest contacting your MP.

Assuming the family had adequate travel insurance then as soon as the child is fit to travel the insurance company will arrange her transportation (possibly with a nurse or doctor escort) however a lot will depend on her immigration status and if she is a British national or not which is why I'd get the MP involved early.

Voyager2002

Very sad.

The burning question has to be, who is her next of kin, the adult who will be taking care of her from now on. If that person lives in the UK then clearly her life and future should be in the UK. Since the parents were Indian citizens with ILR then I assume that she is also an Indian national, in which case she would only be allowed to stay outside the UK for a limited amount of time before her visa would lapse. If that is the problem, then it would make sense to involve an MP.

John259

What a tragedy.

If there's any possibility of a dispute regarding who will become her legal guardian then it might be worth one of the relatives contacting a lawyer.

dblue75

If you have ILR then you have up to 2 years outwith the UK and then its the Immigration Officer's discretion upon return on whether to revoke it or not......depending on circs. As for her situation, it will depend on whether she has any family in the UK or India who can now look after her. That can be sorted out further down the line.

fairenough786

...

thank you everyone.....its going to be hard work and will have to contact my local MP and a solicitor....but again thank you all so much.

richardw

The CAB might be helpful finding a Solicitor.

System

Surely the first thing to find out before anything else is if there are any family in this country who are willing and legally able to claim guardianship for her.

If the rest of her family are still in India then I don't even see this idea getting off the ground.

This sounds like a case of emotion over practicality/reality. You need to find any family in this country first or were all the people in the block going to take turns to look after her?

fairenough786

!!!!!! wrote: »

Surely the first thing to find out before anything else is if there are any family in this country who are willing and legally able to claim guardianship for her.

If the rest of her family are still in India then I don't even see this idea getting off the ground.

This sounds like a case of emotion over practicality/reality. You need to find any family in this country first or were all the people in the block going to take turns to look after her?

Well, I know this is hard. The child been studying in UK since 6 years (her age is 9), the girl is all english and loves english food and dont even eat indian food. all her friends are english etc etc and her father always said that my daughter is proper english.

I mean if no alternatives then I WILL adopt the child I surely will. but she dont have family here and her family there also say that she belongs in UK.

hope she recovers soon.

tomtontom

fairenough786 wrote: »

Well, I know this is hard. The child been studying in UK since 6 years (her age is 9), the girl is all english and loves english food and dont even eat indian food. all her friends are english etc etc and her father always said that my daughter is proper english.

I mean if no alternatives then I WILL adopt the child I surely will. but she dont have family here and her family there also say that she belongs in UK.

hope she recovers soon.

You cannot just randomly adopt a child.

Back to the immediate issue - who is the next of kin? Does she have travel insurance, and if so have they looked into medical repatriation?