In April 2015, the Home Office made significant changes to the Visitor Visa rules and replaced the General Visitor Visa with the Standard Visitor Visa. The Standard Visitor Visa has numerous sub categories and the Organ Donor Visitor Visa is one of them. The Organ Donor Visitor Visa is considered as a life changing visa that can save the lives of patients who are need of an urgent organ transplant. This visa is often used as a last resort and needs specialist legal expertise to submit a successful application.
What is an Organ Donor Visitor Visa?
The Organ Donor Visitor Visa is one of the subcategories under the Standard Visitor Visa (formerly known as General Visitor Visa). The purpose of the Organ Donor Visitor Visa application is to allow non-EEA nationals to visit the UK to donate an organ to a loved family member. Organ transplants can save or greatly enhance the lives of other terminally ill patients, therefore, it is essential for Applicants to seek legal advice prior to submitting an Organ Donor Visitor Visa application as a refused application could have serious consequences for an ill patient in need of the organ.
Applicants who wish to apply for the Organ Donor Visitor Visa must meet all the requirements of the Standard Visitor Visa application as well as additional requirements under Appendix V of the Immigration Rules. In order to successfully apply for this visa, it is important for Applicants to meet all the requirements under Appendix V as well as to provide the required medical evidence in support of the application. Where an application lacks the correct medical evidence it is likely that the Home Office will refuse the application, the Home Office has made it abundantly clear that they will only grant an Organ Donor Visitor Visa application if they are satisfied that the application is genuine and that their Immigration rules are met.
Difficulty and Complexities faced with an Organ Donor Visitor Visa
Recent reports suggest there has been an increase in the number of patients in need of an urgent organ transplant. There are currently 6389 people in the UK waiting for an organ transplant but there is a shortage of organ donors in the UK, therefore patients have started to ask their overseas family members for assistance. There have been many cases where the Home Office has failed to exercise proper discretion and has failed to take into account the urgency in granting an Organ Donor Visitor Visa application. An unsuccessful application is likely to have dire consequences for families as the vast majority of Organ Donor Visitor Visa applications are made as a last resort and there may be no alternative options in the UK. A prime example of a Home Office decision having devasting consequences for an Applicant is where the Home Office rejected an Organ Donor Visitor Visa application but overturned their decision granting the visa several months later but unfortunately, the patient who was in need of the transplant passed away. Also in similar circumstances, a patients’ mother-in-law applied for an Organ Donor Visitor Visa to visit the UK to donate her kidney as there were no other suitable donors in the UK, but the Home Office refused the application leaving the patient to suffer from extensive medical interventions which could have been avoided.
Our Specialist Immigration team of Solicitors and Barristers are qualified to advise you on the prospects of your Organ Donor Visitor Visa application. They are ready to meet you in person or via Skype to consider whether you meet all the eligibility requirements. Our lawyers often consult with clients who have had their donor visit visa refused in the past due to their lack of understanding of the Immigration Rules and what documentation is required for a successful Organ Donor Visitor Visa application. There is a limited Right of Appeal so it is advisable to consult with a qualified immigration Solicitor or Barrister to ensure that you submit a properly executed Organ Donor Visitor Visa application.
Eligibility requirements for an Organ Donor Visitor Visa
To apply for an Organ Donor Visitor Visa Applicants must be able to show that their primary reason for travelling is to provide an Organ for a family member in the UK. Applicants will need to meet all the Standard Visitor visa requirements as well additional requirements under Appendix V of the Immigration Rules.
In addition to the Standard Visitor visa requirements, Applicants must demonstrate the following;
- They genuinely intend to donate an organ, or
- Be assessed as a potential organ donor;
- To an identified recipient in the UK with whom they have a genetic or close personal relationship;
- The Applicant must provide written confirmation of medical tests to show that they are a donor match to the identified recipient; or
- That they are undergoing further tests to be assessed as a potential donor to the identified recipient; and
- Must provide a letter, dated no more than three months prior to the applicant’s intended date of arrival in the UK from either:
(a) The lead nurse or coordinator of the UK’s NHS Trust’s Living Donor Kidney Transplant team; or
(b) A UK registered medical practitioner who holds an NHS consultant post or who appears in the Specialist Register of the General Medical Council; which confirms that the visitor meets the requirements of the Visa Rules and confirms when and where the planned organ transplant or medical tests will take place.
Lastly, the Applicant must demonstrate to the Home Office that the identified recipient is legally present in the United Kingdom or will be at the time of the planned organ transplant.
What not to do on an Organ Donor Visitor Visa
The Organ Donor Visitor Visa does not allow Applicants to engage in the following activities:
- Applicants must not intend to work in the UK; or
- Applicants must now receive payment from a UK source for any activities undertaken in the UK unless an exemption applies; and
- Applicants must not intend to study in the UK, except they can undertake 30 days of recreational, English language or academics study whilst in the UK provided that is not the main purpose of their visit.
In addition to the above, Applicants must be able to accommodate and maintain themselves in the UK as they will have no access to public funds.
Using Legal Representation to Submit an Organ Donor Visitor Visa Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visa and Immigration application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Organ Donor Visitor Visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Organ Donor Visitor Visa Application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of Organ Donor Visitor Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Organ Donor Visitor Visa and ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.