EU with mental disability

[georiso]

Hello everyone, I am writing because I have been told that my 19 year old daughter wouldn't be able to get permanent residency in the UK after all this mess that the UK started creating for every family.

My situation is a little particular so a little patience will be required.

We are a family of 4


Husband: British, Works, he has 2 jobs.


Wife, me: dual citizen: Italian/argentinian.

Moved to the UK: 17/02/2015 (as Italian in the UK).

Looking after 21 month old baby, and during after school hours I look after the baby and my disabled daughter, who, during the day is a full time student since we moved here to the UK.

My daughter is not receiving PIP or DLA due to not residing in the UK for 3 years yet (it is required for this to reside in the UK for 2 years out of the last 3). Not paying private health care (CSI) for my daughter or me, because like everyone, we never knew it was a requirement), and have sometimes used the NHS mainly when Sienna was born.



Daughter 1, Victoria: Italian/Argentinian.

Moved to the UK: 17/02/2015 (as Italian in the UK).

19 years old. Mental disability: Williams Syndrome. Goes to a SEND secondary school, up until the end of this school year, after summer she would go to college.
She has the Bracknell Forest Council SEND plan.
She is not receiving benefits.
Will probably not be able to work or sign up for a CSI insurance since they don' usually take people with previous conditions.

Does not have a guardianship because for me to be able to become her guardian, she has to be disabled, and since the PIP was already declined due to not yet fulfilling the residency terms, she is not "technically disabled" (who ever created this system to prove disability is the enemy of the people). so, No PIP entitlement, no paper that shows she is disabled, no access to guardianship, so she is a full adult in age, with a mental age of 5 and no legal guardian.

Daughter 2, Sienna: British/Argentinian

I am not able to claim residency because I have not been working and I do not pay CSI.

I can’t apply for her since she is legally an adult, not married, doesn’t work and will not in any near future, she is at the moment in secondary school? (I assume that they would not require someone in secondary school to work? Or be self sufficient? Especially with a disability?).

If there is some sort of amnesty for the spouse and parent of a British after Brexit, I could have a chance for me, but my daughter does not, so I wouldn’t be able to stay in the UK anyway.

Isn’t there any legal twist around the situation that could have been overlooked by the residency rules that would make it possible for us to apply for her?

She is having to apply as self sufficient and it is obvious that she can't show means of income on her own right or have a CSI....

Thank you to anyone that could point me in the right direction? even to a lawyer that may know how to win my daughter the residency card?

[Obie]

Your daughter is a minor in European law until the age of 21 years.

She can apply under you, if you are a qualified person.

[georiso]

Is she?? But for PR they give me the UK paper and I am not dure the HO is respecting EU rights for the redidency in the UK?

[georiso]

up! Does anyone know of a really good lawyer to be able to hire privately? Thank you

[Obie]

You moved to the UK in 2015, you can't have PR yet. You will need to apply for Registration Certificate, and provided you are exercising treaty right, your child who is under 21 will qualify also.