Nanny application for ILR

Hello,

My kids' nanny has been with us for 4 years. She is planning to apply for ILR and needs my support as a sponsor which I am happy to provide. According to a solicitor, she will need a letter from me stating that she lives with us and that I am providing financial support to her until she obtains her status in the UK.

She is a live-in nanny, lives rent-free and I pay her an amount monthly. There is no explicit contract, and the amount I pay is cash into her account.

She came to the UK as a minor and previously spent some time in care as a young adult.

My question is: are there issues that I need to be aware of if I'm to provide such a letter of support, which naturally I'm happy to provide? General advice and thoughts would be appreciated.

Thanks,
Jide

Is the visa type?

Domestic Workers in a Private Household visa

CULLINAN wrote: ↑

Mon Dec 14, 2020 12:12 am

Is the visa type?

Domestic Workers in a Private Household visa

Thank you for replying.

No. She came to the UK as a minor to live her aunt who became her guardian. She was taken into care after being maltreated. She subsequently applied for asylum while in care and was granted 1 year. She reapplied for ILR and was granted 2.5 years, up to the age when she was meant to leave care.

She is now 29. She is now applying for ILR

What visa she currently has? What does her BRP say?

CULLINAN wrote: ↑

Mon Dec 14, 2020 12:39 am

What visa she currently has? What does her BRP say?

Apologies. Correction. Just spoke with her. She is applying for Leave to remain.

She last applied for Leave to remain when she was 17 and was granted 2.5 years. All through free legal support while in care. She hasn't applied again to the Home Office until now.

She has refugee status now?

Thats what I was wondering, one can apply for ILR after 5 years on refugee status. What does her BRP state? Refugees do not pay anything and are exempt for English/Life in UK also till ILR stage.

CULLINAN wrote: ↑

Mon Dec 14, 2020 12:56 am

She has refugee status now?

Thats what I was wondering, one can apply for ILR after 5 years on refugee status. What does her BRP state? Refugees do not pay anything and are exempt for English/Life in UK also till ILR stage.

She doesn't have a BRP as she has had no need to travel and fell into difficulties which prevented her from making further application to the HO.

Why did you say refugee? There is no indication that she is a refugee. I have asked to speak to her solicitor.
Is there any risk or issue with me issuing her a letter of support for her application that she lives with us and I am responsible for her financial maintenance?

I will let someone else take up as I am unclear about the actual circumstances. You said she was granted asylum?

Anyways, maybe someone else can help.

muser wrote: ↑

Sun Dec 13, 2020 11:46 pm

I am providing financial support to her until she obtains her status in the UK.

Highly likely that third party support would be accepted assuming she is unrelated to the family and is an adult now. Since she hasn't got her BRP card showing her actual status, but still by surmising, she wouldn't actually need to show any financial assistance rather just proving her proof of address.

seagul wrote: ↑

Mon Dec 14, 2020 8:50 am

muser wrote: ↑

Sun Dec 13, 2020 11:46 pm

I am providing financial support to her until she obtains her status in the UK.

Highly likely that third party support would be accepted assuming she is unrelated to the family and is an adult now. Since she hasn't got her BRP card showing her actual status, but still by surmising, she wouldn't actually need to show any financial assistance rather just proving her proof of address.

Highly unlikely that third party support would be accepted assuming she is unrelated to the family and is an adult now. Since she hasn't got her BRP card showing her actual status, but still by surmising, she wouldn't actually need to show any financial assistance rather just proving her proof of address.

I appreciate all feedback. She has just been to the solicitor's and I have also clarified the exact status of things.

She arrived in the UK as a minor and stayed with her aunt who initiated an asylum application for her age 16. Instead of asylum, she was given a discretionary leave to remain for 1 year. Later she was found to have been maltreated by the aunt and was subsequently taken into care. Through legal support while in care, she applied for an extension to the leave (to remain) at age 17, which was granted at age 18 for 2.5 years. She fell into various personal difficulties and didn't do anything about further representations to the home office until now.

The solicitor has recommended making a personal life application for leave to remain for a further 2.5 years. The assessment is that this is her best chance of success. She is not further working at the moment. She requires a letter of support from me stating that she lives with me (which she has been for the last 4 years), and that I give her some financial support.

What are your thoughts?

So basically she is an overstayer since age 20 or so? And she is 29 now?

Yes Cullinan.

muser wrote: ↑

Mon Dec 14, 2020 5:49 pm

Yes Cullinan.

Is she single? Any children?

She is single and has no children.

subject to paragraph 276ADE(2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK

Page 56 onwards.
https://assets.publishing.service.gov.u ... v11ext.pdf

This is a difficult route to qualify, I would suggest you read the guidance above and contact some legal competent advisor to fight the case.

Thank you Cullinan. I appreciate your feedback. I have seen that document and read through.
Do you think there is a better option? If yes, please explain.

To be honest, this is a complex case as she has been an overstayer for the last 9-10 years. You will have to take legal advice from a competent immigration advisor/solicitor.

Why did she not do anything for the last 9 years? Why all of a sudden she wants to apply for a valid leave? Has she never had any issues with HO? How is she living with you without any leave to remain in UK as a nanny with no work rights?