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Need advice on immigration - EU partner to England. I'm EEA with settled status, but disabled and can't work. PIP possible.

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  • Referred to Lawyer Need advice on immigration - EU partner to England. I'm EEA with settled status, but disabled and can't work. PIP possible.

    Hi!
    I need some advice on how my partner can move here please. We have been together since 2018, and will happily get married sooner than originally planned, if needed to, in order to live together. My partner is an EU citizen, and he does not have degree level education, so I do not think he would fit as a skilled worker. He is however in his late 20s - possibly an option to apply for Youth Mobility if that is valid for EU citizens now.

    I am disabled and live off Universal Credit and LCWRA, I may be eligible for PIP, but waiting to apply until I've had additional diagnosis decided (appointment in 2 months.) I'm not able to work at all currently, and this is unlikely to change for some time/ever. I have been in England for more than 10 years and cannot leave for reasons I don't wish to discuss here. I really need my partner here with me.

    I am aware PIP changes the financial requirements, but it seems to vary if it means you do not need to have an income from a job, for those requirements, or if you do. (I was told it varies by an immigration lawyer, but was told until I get PIP and we apply for visa, we cannot know). Does anyone have experience with this?

    Would it be an option to apply for a family permit now, and then try to apply for something else later this year?
    Or possibly that he goes to university? Although we would rather he gets a job, but it could be an option I suppose.

    Hope someone knows of a way we can get this to work, thank you.

  • #2
    Originally posted by Mia55 View Post
    Hi!
    I need some advice on how my partner can move here please. We have been together since 2018, and will happily get married sooner than originally planned, if needed to, in order to live together. My partner is an EU citizen, and he does not have degree level education, so I do not think he would fit as a skilled worker. He is however in his late 20s - possibly an option to apply for Youth Mobility if that is valid for EU citizens now.
    Morning,

    Youth mobility should be available to EU citizens now, but it's like the old working holiday visas, only for a limited time and not intended for people who want to stay here afterwards.

    Originally posted by Mia55 View Post
    I am disabled and live off Universal Credit and LCWRA, I may be eligible for PIP, but waiting to apply until I've had additional diagnosis decided (appointment in 2 months.) I'm not able to work at all currently, and this is unlikely to change for some time/ever. I have been in England for more than 10 years and cannot leave for reasons I don't wish to discuss here. I really need my partner here with me.

    I am aware PIP changes the financial requirements, but it seems to vary if it means you do not need to have an income from a job, for those requirements, or if you do. (I was told it varies by an immigration lawyer, but was told until I get PIP and we apply for visa, we cannot know). Does anyone have experience with this?

    Would it be an option to apply for a family permit now, and then try to apply for something else later this year?
    I've looked at your profile and note that you are an EEA national. Unmarried partners can apply for a family permit if they are outside the UK, until the end of June, however, they need to meet the criteria for durable partners, as noted here: Apply for an EU Settlement Scheme family permit to join family in the UK - GOV.UK

    ...where they say:
    If you’re an unmarried partner you’ll need to provide evidence that you were in your long-term relationship by 31 December 2020

    This usually means showing that you had been living together for 2 years. Evidence could include:
    • bank statements, utility bills or official correspondence that shows you and your partner at the same address
    • documents showing joint finances, like a tax return
    • birth certificates or custody agreements showing that you shared responsibility for children while living together
    You’ll also need to provide evidence that:
    • you’re still together when you apply
    • if you were resident in the UK before 1 January 2021, evidence that you were legally resident during that time
    The family permit is valid for 6 months, once in the UK they would be eligible for pre-settled status, so this would be the ideal route, but I'm not sure you'd meet the criteria, as you say you've been in the UK for 10 years, so I'm assuming you didn't live together.

    Originally posted by Mia55 View Post
    Or possibly that he goes to university? Although we would rather he gets a job, but it could be an option I suppose.
    Like the youth mobility visas, student visas are not intended for people who want to stay here once they finish their studies, and do not normally lead to settlement (ILR). Students can work a limited number of hours but there are also hefty fees to pay for the privilege of studying here.


    Originally posted by Mia55 View Post
    Hope someone knows of a way we can get this to work, thank you.
    If you got married, there's the spousal visa route, but that's subject to financial requirements.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Hi Site Admin , thank you for this. No we have not lived together and not shared finances as it would affect my Universal Credit if we did. Are there no other ways to prove that we are in a long-term relationship?
      Would it be an option if my partner came over for Youth mobility or studying, and then gets a job (alongside studying for example), and we get married? I read that the one wanting the visa can count towards the financial req. for spousal visa if they have worked in the UK for 6 months or more, and the job pays more than £18,600. What would you do in our position?

      Comment


      • #4
        Originally posted by Mia55 View Post
        Hi Site Admin , thank you for this. No we have not lived together and not shared finances as it would affect my Universal Credit if we did. Are there no other ways to prove that we are in a long-term relationship?
        Would it be an option if my partner came over for Youth mobility or studying, and then gets a job (alongside studying for example), and we get married? I read that the one wanting the visa can count towards the financial req. for spousal visa if they have worked in the UK for 6 months or more, and the job pays more than £18,600. What would you do in our position?
        Melissa V (lawyer) Would you be able to comment?

        I was under the impression you couldn't switch over from Youth Mobility to Spousal Visa.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          Originally posted by Mia55 View Post
          Hi Site Admin , thank you for this. No we have not lived together and not shared finances as it would affect my Universal Credit if we did. Are there no other ways to prove that we are in a long-term relationship?
          Would it be an option if my partner came over for Youth mobility or studying, and then gets a job (alongside studying for example), and we get married? I read that the one wanting the visa can count towards the financial req. for spousal visa if they have worked in the UK for 6 months or more, and the job pays more than £18,600. What would you do in our position?
          Tim M (lawyer) would you be able to comment? Many thanks.

          I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            it is possible to switch in the UK from a student visa or a Tier 5 Youth Mobility Visa to a spouse visa. However the student visa must be for over 6 months duration. I would also point out that EU citizens are currently not eligible for the Tier 5 Youth Mobility visa although that may change. In terms of meeting the financial requirement through adequate maintenance (on the basis that you are in receipt of PIP) this is a very detailed area and only a one to one consultation could aim to resolve this

            I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

            Comment


            • #7
              Originally posted by Tim M View Post
              it is possible to switch in the UK from a student visa or a Tier 5 Youth Mobility Visa to a spouse visa. However the student visa must be for over 6 months duration. I would also point out that EU citizens are currently not eligible for the Tier 5 Youth Mobility visa although that may change. In terms of meeting the financial requirement through adequate maintenance (on the basis that you are in receipt of PIP) this is a very detailed area and only a one to one consultation could aim to resolve this
              Mia55 Please note our lawyer's response above, this is something that would require proper legal advice beyond what can be provided here on the forum. We do have a team of lawyers who volunteer on the forum and also offer private legal advice, you will find their details here: Lawyers Tim, who very kindly responded above, is one of them, his details are linked directly from his signature: Tim M - UKCEN Citizenship and Residence for European Nationals and their families

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment

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