Extending your stay based on medical grounds

This page provides information for applicants who wish to apply for permission to stay in the UK based on human rights claims on medical grounds.

Human rights claims on medical grounds rely on the following articles of the European Convention on Human Rights (ECHR):

• Article 3 - Prohibition of torture - no one shall be subjected to torture or to inhuman or degrading treatment or punishment; and/or
• Article 8 - Right to respect for private and family life.

Can I apply?

If your permission to stay in the UK (leave to remain) is due to expire and you wish to make a claim to extend it based on human rights (Article 3 or Article 8) on medical grounds, you will need to submit one of the following application forms:

• FLR (O) - to apply for discretionary leave (DL)
• SET (O) - to apply for indefinite leave to remain (ILR) on the basis of having completed:
  • 6 years DL (if you were granted DL before 9 July 2012)
  • 10 years DL, or
  • other leave outside the Immigration Rules on medical grounds.
    You can find more information about completing FLR (M) and SET (O) in our guidance documents on the right side of this page.

Acceptable medical evidence

You must provide a medical report from a consultant within the specialist subject relevant to your illness. This person must be General Medical Council (GMC) registered.

For the purpose of Article 3 and or Article 8 (medical) claims, a medical report must be:

• printed on letter-headed paper showing:
  • the address and contact details of the hospital or National Health Service (NHS) trust, and
  • the name, telephone number and fax number of the consultant.
• an original document (not a photocopy or a faxed document)
• dated within 3 months of the date when it is received by the UK Border Agency, and

written and signed by a qualified health professional who must have seen you in person.

For this purpose, the definition of a qualified health professional is a consultant working in the NHS in the relevant specialist subject. This person must be registered with the General Medical Council.

Further information

For further information on how we will process your application please see our staff guidance titled Human rights claims on medical grounds on the right hand side of this page.

Indefinite leave to remain (often known as 'ILR' and 'settlement') is permission to remain in the UK without any time restrictions on the length of stay. It is not the same as naturalisation as a British citizen and may, in specific circumstances, be ceased or invalidated, for example, if a fraudulent application is uncovered, if the person resides outside of the UK for more than 2 years or as a result of a criminal conviction that results in a Deportation Order coming into force.