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Valued GP ‘will be forced to leave UK’ after autistic daughter refused visa
(www.theguardian.com)
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this post was submitted on 16 Sep 2024
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UK Politics
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They're not counting her as a dependent child because she's an adult, but it seems to ignore the fact that her parents care for her in some way
Ohh so just applying the immigration law as written...
Well that was a bait lol
sorta but not.
The application was based on compassionate reasons. That potential exclusion is written into the law specifically to allow exceptions like this.
The HMRC specifically responded that no evidence of a compelling compassionate reason was provided.
So it is fair to assume someone in HMRC saw an application for an autistic 19yo dependent where the parents had stated she was not in a mental state to self-care. And decided that was not a valid reason to make the compassionate exception.
Ok so some people disagree with the decision but there is nothing really controversial about the decision in of itself. State's reserve the right to deny anyone entry for any reason, and being adult dependent would counter the "labor import" immigration policy.
We can argue about policy itself but that's what it is across the west. We accept people because we need wage slaves as domestic population has been essentially worked to death.
What I do see here is class signaling... god forbid some doctor's adult child got denied a visa. The horror!!! While less "valued" people rarely get any such support from fake news.
What you see here is your own interpretation from US politics. More to the point a lack of insight into the UK resent legal history.
The law specifically includes compassionate exemptions to the dependents' requirement. Because the UK has disability discrimination laws that also apply to mental health. Those laws come from the European court of human rights.
Something our last government was specifically creating guidelines to disobey. In an attempt to win support to remove the UK (a founding member of that court) from its treaty.
The result of this is abusing immigrants (this doctor cannot fight the law without leaving his dependent daughter)
The Tory government did loads of this crap to try and provoke division amongst those opposing them leading up to the election.
What politics? You are bringing up politics....
Also, I never heard of immigration regime being subject to such things as disability anti discrimination laws. Does autism is even count as disability? Maybe this is a UK or EU specific thing but it still does not pass a basic bullshit test.
The state generally reserves right to deny anyone entry or residency for any reason subject to some limitations.
Generally speaking adult children are not auto admitted, people with disabilities are not permitted to enter or stay just because they got a disability.
The law can include the exception but presumably discretion rests with the reviewing paper pusher.
Is there evidence that this paper pusher acted in bad faith or mis applied the law?
Why should "compassionate exemptions" apply to a 19 year old? did they supply evidence that she is in fact dependent on them beyond "we pay for her shit because we got money"
Pretty hard to talk UK immigration since 2016 and not be brining up politics. The wholer subject is about politics. Hence why.
Any law or process passed by parliament is required not to contradict other laws. That is the whole job of the House of Lords. To not be covered by discrimination laws, the immigration laws would need to specifically exclude it. They do not. Nor would the ECHR Treaties allow them to without leaving thos treaties.
Yes, it very much is counted as a disability. Historically, more so than now, As in the past autism and Asperger were considered different conditions. We now know they are just different levels of the same condition. This unfortunately has led to many uninformed people seeing all autism under the ideas that it is not a serious mental health condition. When for many it can leave you totally unable to interact with the world around you. Like all disabilities, the level can be very different. But they are still classed as a disability. And just like anyone else, government departments are required to make reasonable accommodations. And the immigration law has sp[specific exceptions to the dependency descriptions for exactly this reason.
Utter rubbish. The Geneva convention is just one example of a huge treaty covering a significant % of the planet that denies that daft claim. As it has rules about accepting asylum seekers right down to making any entry method legal is asylum is claimed.
As for this case, the ECHR has specific restrictions of the right to live as family. This means when one member of a family is accepted, dependents and those depended on must also be allowed. It also has laws that have to consider ability when classing a dependent.
Legally, the level and effect of that disability must be considered under the compelling compassionate exception rule of the immigration act. But your definition ( just because they got a disability). Is sorta correct. It requires the effect of that disability on the dependents' ability to live alone to be taken into account. But the article indicates clearly that this girl has one of the more extreme cases of autism. As many do.
No, in pretty much every case within civil service jobs. The paper pusher is required to follow a procedure. And that is why this turned to politics. Just after announcing the election, the Tory party changed those procedures to be more strict. Without changing the laws to match that change. This is not something legal for a government to do. This has been the reason the government loses 60% or more of court cases where they reject disability claims for benefit. (since 2010). Adding the same changes to HMRC is another mess that is just starting to show.
The evidence is still to be addressed, but the accusation is the government miss applied the law when issuing changes to HMRC policy during the election period.
Covered very completely above. The law requires it if her condition means she is unable to live independently, as the article claims.
Well god damn... alright, all fair points.
That's some high quality engagement.
Thank you for the service!
Np