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Lawyer21
Lawyer21, CILEx Lawyer
Category: Law
Satisfied Customers: 2992
Experience:  CILEx Lawyer
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I’d like to get an advice regarding the EU settlement

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Good afternoon. I’d like to get an advice regarding the EU settlement scheme
JA: Where are you? It matters because laws vary by location.
Customer: I'm from Nigeria but currently in the UK
JA: What steps have you taken so far?
Customer: None. Just want to know if I can extend my stay using the EUSS as my current visa is about to expire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: None

Hi, Welcome to JA

Which visa do you currently have?

Customer: replied 11 days ago.
Thanks, ***** ***** the T5 charity worker visa
Customer: replied 11 days ago.
Are you still there?

Hi

Customer: replied 11 days ago.
Hi

You will not be eligible for the EUSS scheme

To apply, you need to be an EU citizen or a non-EU family member of an EU citizen and you need to be living in the UK by 31 December 2020. If you have been living in the UK for more than five continuous years at the point when you apply then you will be eligible for settled status.

Customer: replied 11 days ago.
being a brother to an EU citizen does not qualify me as a none-EU family member?

If your brother is a EU citizen and you are dependant on him you can apply. However, being on a Tier 5 visa does not demonstrate you are dependant rather independent

Customer: replied 11 days ago.
Okay then. It's my sister who is an EU citizen. I've been staying with her for quite a while now, since my T5 charity worker does not allow me to do any work and get paid for it.That's why I could be eligible

Yes you might be eligible

Customer: replied 11 days ago.
Okay. So how do you think I can go about it then?

You must show that you are dependant,

Customer: replied 11 days ago.
What proofs can you suggest? For me to show I'm dependant on her?

How did you become dependant on her?

Why are you not able to cover your own essential needs

Has your sister financially sponsoring you?

Customer: replied 11 days ago.
I don't really know much about the charity worker visa before coming to the UK. I thought my employer would take care of my essential needs which they did initially until I united with my sister.
Customer: replied 11 days ago.
Ever since I've been with my sister, she’s been the one helping with accommodation and feeding. Because I have no major source of income

However, what proof do you have? Do you have any savings? Why cannot you not return back and be supported by other family members?

Customer: replied 11 days ago.
The only proof I have is that I've been staying at the same address with her for a while now. Which I don't think is valid.The only family member that can support if I return is my mum, and she already joined my sister here in the UK on the EUSS.My father is dead, and my siblings back home are struggling to survive

Just staying with her does not demonstrate dependency. You must show that the dependency is not temporary

Customer: replied 11 days ago.
Okay. That's going to be an issue then.
Customer: replied 11 days ago.
Is there any other way you can recommend? Since this is not looking like what would work for me.
Customer: replied 11 days ago.
Any other way to legally extend my stay

You can try to find a UK Tier 2 employer and look to apply for a Skilled Worker Visa

You can apply to extend your visa for another 12 months

You can apply to take your stay in the UK up to a maximum of 12 months, or the time on your certificate of sponsorship plus 14 days, whichever is shorter.

Customer: replied 11 days ago.
You mean I can extend my T5 charity worker visa for another 12months?

If you have any other question (s), please open up a new post/question and mark for Lawyer21! Thanks

Lawyer21 and other Law Specialists are ready to help you
Customer: replied 11 days ago.
I have used my 12months already on the visa. For the skilled worker visa, it's not been easy for me to get a sponsorship job offer.

Yes I understand

Customer: replied 11 days ago.
Thanks for your help.

All the very best