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Derivative Residency Card?

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S.Davies
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Derivative Residency Card?

Post by S.Davies » Tue Apr 12, 2016 6:00 pm

Short Version

I'm a disabled UK citizen. I've had a carer visiting me for six months from the United States, and I don't think I could go on without her help. I'm of poor health all ready. Can she apply for a residency card or is there any way to extend her stay?

Long Version

I'm disabled, life long and nothing I can do about it. I'm nearly blind; I'm autistic; I have crippling anxiety that can turn into epileptic fits given the right fear stimuli; I can't function around or even really talk to other people face-to-face any more; I've lived with truly crippling depression and a feeling of being completely disenfranchised with the human species (people aren't kind to the disabled); And I'm unable to live without support.

My prior carer is past the point (age) where she's able to functionally care for me and provide what I need.

I've been with a partner for the past five or six years online. A solid four of those years we spent together every single day on Skype. She noticed that my health and condition were worsening over time and how the effects of having someone who didn't understand my panic condition and exacerbated the epileptic fits by getting angry about them was getting to me. We had to work on getting together. It was that or me giving up.

We had planned on going for a marriage visa, hence visiting for six months first. But we're not sure if we can do that, even, since I don't think my benefits are high enough (more on that later).

The problem is? Over the past near-six month period she can stay here, I've come to rely on her. A lot. She's helped me with my panic condition, she's provided moral, emotional, psychological, and physical support that no one up until this point had. For the first time in almost two decades I actually went outside. And enjoyed it. That was really something. Except now I'm terrified to think of going back to the way things were.

With my existing carer being so infirm, and not really understanding the problems I live with, I worry that the fits will only get worse. Or that the anxiety will lead to a heart attack. Or worse.

I'd follow her back to the states if I could, but we'd face the same problem there and being so disabled I have no way to support myself. What's worse is that I'm only on the lowest tier of disability because I've never been able to deal with the examination boards to actually get on anything higher, despite having brain damage and 'potential autism' on my medical records. We're going to get the ball rolling on that by talking to social services, but... I know, it's something I should have done sooner.

Again, though, I deal with crippling anxiety and I'm terrified of people. I'm scared of people like arachnophobes are of spiders. It's much the same feeling. I just flip out and I want to run away and hide. I've had palpitations just being around strangers.

I'm not just scared. What I'm feeling is abject terror. Are there any provisions at all for people in my situation? Any? I'm serious when I say that I'm worried this will kill me. I'm genuinely sorry I have to say that. And I'm scared that because of the usual prejudices, this post may end up deleted. I'm cynical, I'm sorry, I can't help that either. Disability prejudice has been a hard thing to cope with.

Anyway, if anyone has any advice at all, I'd appreciate it. I know this is a bizarre position for anyone to be in, and perhaps even unique. But if she has to get back on that plane... I'm not sure for how much longer I'd even be able to keep going like this.

Like I said, we had considered a marriage visa. But the problem is is that even though I'm disabled, I'm not at all sure I claim enough. It's a lovely catch-22 to prey on people like me. I suppose that if you're a confident old shark and you can blow your way through such examinations without even having a major disability. Not so much for a person in my shoes though who needs that support.

This isn't about my disabilities, though. I'll deal with that myself. I just want to know if anyone has any advice at all to help me out. If there's any form of provision, anyone I can talk to, or... anything. I'm quite frankly desperate. We'd even considered her staying in the UK illegally, but I tossed that idea out because I don't want her to be deported. Not only would she have to go through the stress of all that, but she'd likely never be able to enter the UK again.

I'm at the end of my rope. Help? If you can. Thanks.

Edit: Cleaned this all up a bit. Sorry, I'm feeling a little emotional, so this is difficult.

noajthan
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Re: Derivative Residency Card?

Post by noajthan » Tue Apr 12, 2016 9:20 pm

I've read your post.

Frankly, there are, as you probably know, no easy answers to the circumstances you have outlined.

I just wanted to confirm to you that someone is out here in WWW and is listening to you (or at least reading).

Firstly, I won't beat about the bush, having your close friend visit you frequently from USA is going to be a bit of a problem; this is because visit visas cannot be used to confer a form of UK residency.

As per my understanding, the visitor has to spend less of any 12-month cycle in the UK compared to time spent out of UK;
ie no more than 6 months in UK tops.

And repeating cycles of 6 month visits then 6 months away will not fly either. That becomes residency and not visiting;
UKVI will not tolerate that.
So visit visas are limited, unsatisfactory and pose their own challenges.
And stay away from iIlegal overstay - the forum is testament to that.

Secondly, I understand that travel and potential relocation is challenging and difficult for you.
Is it altogether out of the question?

If it is at all possible, and you have some resources, then one route would be to marry your close friend and move to live together in a suitable country in Europe.
This may not be as drastic and out of the question for you as relocating to USA seems to be.

Note: You would have to do this as a self-sufficient person so reliance on state benefits would not be possible.

This approach would also not lead to the option of returning to UK with your spouse as proxy 'EEA nationals' under the EU Surinder Singh route.

This is because the UK's implementation of the Surinder Singh route is, somewhat controversially, limited to those who work or are self-employed abroad.
Although EU law permits self-sufficiency as a way to exercise treaty rights too, the UK won't recognise it on this particular migration route.

However, by exercising your EU treaty rights in another memberstate (with suitable climate and conditions and, perhaps, an Anglophile culture) you can at least be together with your spouse;
whereas, if attempting to bring a spouse to the UK, you would face the more stringent and rigorous UK family migration route.

I suppose it's a case of balancing costs (and visa requirements) versus upheaval (if this is even an option).
I have simply mentioned it so you can consider all options.

Finally, a third way may be to maintain your long-distance relationship for companionship and to seek out alternative health care and support provision from within the UK.

Hope this is at least a starting point.
Let's see what else other members can come up with.

Best of British luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: Derivative Residency Card?

Post by Casa » Tue Apr 12, 2016 9:45 pm

Are you also posting under the user name unorthodoxplatypus ?
http://www.immigrationboards.com/immigr ... l#p1255245
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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