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A personal assistant for a disabled individual with a pre-settled status

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  • LAWYER RESPONSE A personal assistant for a disabled individual with a pre-settled status

    Hello!

    I moved to the UK on 03.12.2020 from Bulgaria (an EU/EEA country) and have my pre-settled status. However, since I am disabled and cannot take full care of my self, like going out, cooking my own meals etc, and require an assistant to help me with daily tasks. Due to unfortunate events, the person, who ought to fill in that role came to me in the UK on the 01.01.2021 (past the deadline). My question to everybody here is, given the expired deadline, is there a way, a chance for that person to be able to remain here legally with me and help me out with my condition past the 6 months which are allowed for an EU citizen to remain in the UK without a visa? I would be thankful if you recommend all possible efforts that could be made, no matter how lengthy or uncertain they are.

    Thanks in advance!

  • #2
    Originally posted by doctor_haunt View Post
    Hello!

    I moved to the UK on 03.12.2020 from Bulgaria (an EU/EEA country) and have my pre-settled status. However, since I am disabled and cannot take full care of my self, like going out, cooking my own meals etc, and require an assistant to help me with daily tasks. Due to unfortunate events, the person, who ought to fill in that role came to me in the UK on the 01.01.2021 (past the deadline). My question to everybody here is, given the expired deadline, is there a way, a chance for that person to be able to remain here legally with me and help me out with my condition past the 6 months which are allowed for an EU citizen to remain in the UK without a visa? I would be thankful if you recommend all possible efforts that could be made, no matter how lengthy or uncertain they are.

    Thanks in advance!
    Morning,

    Is the person in question a family member?

    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


    • #3
      Greetings! No, she isn't, but she is my brother's girlfriend, who also has a pre-settled status.

      Comment


      • #4
        Originally posted by doctor_haunt View Post
        Greetings! No, she isn't, but she is my brother's girlfriend, who also has a pre-settled status.
        Thanks for clarifying. If the person in question has pre-settled status, then they only need to spend 6 months out of every 12, here in the UK in order to get settled status in 5 years.

        If you are referring to your brother being the one with pre-settled status rather than his girlfriend, then it would be a question of seeing whether she would meet the criteria to be regarded as a durable partner, as noted here: Unmarried partners

        ...where you'll see:

        Unmarried/durable partners living outside the UK

        Unmarried partners who meet the durable relationship criteria set out below, can apply for an EEA family permit until the end of June.

        This provision does not extend to other exteneded family members, such as siblings and other dependent relatives, who had to apply before the end of December.

        Apply for an EEA family permit (EEA-FP).

        Unmarried partners cannot apply directly for pre-settled status unless they have a valid EEA family permit (EEA-FP) or EEA residence card (EEA-EFM).

        You may be able to sponsor your unmarried partner if you meet the criteria for durable partners, set out on pages 14-15 of the Extended Family Members guidance:

        Evidence required for durable partners

        A durable relationship is an unmarried partnership which has normally continued for 2 years or more.

        The evidence the applicant can provide may include:
        • proof that any previous relationship has permanently broken down, for examplea:
          • decree absolute for marriages
          • dissolution order for civil partnerships
        • evidence of cohabitation for 2 years, for example:
          • bank statements or utility bills in joint names at the same address
          • rent agreements omortgage payments
          • official correspondence which links them at the same address
        • evidence of joint finances, joint business ventures and joint commitments, for example:
          • tax returns
          • business contracts
          • investments
        • evidence of joint responsibility for children such as:
          • a birth certificate or custody agreement showing they are cohabiting and sharing responsibility for children
        • photographs of the couple
        • othere vidence demonstrating their commitment and relationship
        You must always consider the individual circumstances of the application.For example there may be instances when the couple have not been in a relationship for 2 years or more, but you are still satisfied that the relationship is subsisting and durable. This may be, for example, where the couple have a child together and a birth certificate showing shared parentage has been provided with evidence of living together.

        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
          Thank you for this information! Yes, my brother has a pre-settled status, as well as myself but she doesn't, since she arrived late. I'll see if they have enough evidence to prove their relationship. If that fails, would it be possible for her to stay in the UK in relation to my condition? For example to be given a status of a carer/assistant of a disabled person, who cannot tend to himself without her help?

          Comment


          • #6
            Originally posted by doctor_haunt View Post
            Thank you for this information! Yes, my brother has a pre-settled status, as well as myself but she doesn't, since she arrived late. I'll see if they have enough evidence to prove their relationship. If that fails, would it be possible for her to stay in the UK in relation to my condition? For example to be given a status of a carer/assistant of a disabled person, who cannot tend to himself without her help?
            Please let us know the result of the application and if for any reasons there are issues, we will help exploring other options.

            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


            • #7
              Thank you for your answer! I spoke to her and my brother and unfortunately, they cannot provide any of the listed pieces of evidence to confirm their relationship. At least not two years old, because they have photographs but are more recent. I would be most thankful if you could advise me on what other steps I should undertake in order to legalize her (my assistant's) stay in the UK after her 6 months are over. And, hopefully, to be given a pre-settled or another status.

              Thank you in advance!

              Comment


              • #8
                Originally posted by doctor_haunt View Post
                Thank you for your answer! I spoke to her and my brother and unfortunately, they cannot provide any of the listed pieces of evidence to confirm their relationship. At least not two years old, because they have photographs but are more recent. I would be most thankful if you could advise me on what other steps I should undertake in order to legalize her (my assistant's) stay in the UK after her 6 months are over. And, hopefully, to be given a pre-settled or another status.

                Thank you in advance!
                Veera T (lawyer) Would you be able to comment?

                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


                • #9
                  Unfortunately, she cannot apply as your carer as the Home Office will say that as an EU citizen who has pre-settled status you can get help from adult social care in the UK if you are in need of such care. In regards to applying as your brother's partner, as she came to the UK after the deadline, any applications will have to be under the immigration rules by showing that your brother (the UK sponsor) is earning £18600 PA (unless he is receiving carers allowance for you) and also meeting the other requirements of Appendix FM which currently she does not meet as they have not resided together akin to marriage. Therefore, any application is likely to fail. Another option (if the relationship is strong) is a fiancé visa or a spouse visa once they are married but again this will need to be under the immigration rules by showing the financial requirement as well as English and accommodation.

                  I am an Immigration Solicitor with VJ Immigration, a firm Authorised and Regulated by The Office of the Immigration services commissioner. (OISC) Reg No: F201600018. 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 Veera T for full details.

                  Comment


                  • #10
                    Thank you for your response, Veera T!
                    Could you confirm if I have understood this correctly - in order for the woman in question to have a right to stay, one of the options is for them to get married and for my brother to prove he has a job which pays at least GBP 18600 PA, both to have a UK address and show knowledge of English language?

                    In addition, is he (my brother) entitled to a carer's allowance because of me, even though he doesn't work for the NHS?

                    Comment


                    • #11
                      Originally posted by doctor_haunt View Post
                      Thank you for your response, Veera T!
                      Could you confirm if I have understood this correctly - in order for the woman in question to have a right to stay, one of the options is for them to get married and for my brother to prove he has a job which pays at least GBP 18600 PA, both to have a UK address and show knowledge of English language?

                      In addition, is he (my brother) entitled to a carer's allowance because of me, even though he doesn't work for the NHS?
                      Veera T

                      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


                      • #12
                        Anyone can receive carers allowance for you if they are taking care of you on a full time basis. For the person to say and the situation you describe, yes. Unless you can tell me anything different. Also she could come to study here in the UK which will mean paying the University fees and maintenance etc. depending on the level of course and where she is studying she will be allowed to work 20 hours per day.

                        I am an Immigration Solicitor with VJ Immigration, a firm Authorised and Regulated by The Office of the Immigration services commissioner. (OISC) Reg No: F201600018. 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 Veera T for full details.

                        Comment

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