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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 1259
Experience:  Expert
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My daughter British citizen has disability and has DLA

Customer Question

Hi
JA: Hi. How can I help?
Customer: My daughter British citizen has disability and has DLA middle rate. I am mother who's looking after her 24/7 and don't have any possibility to work and I am on a spouse visa without excess to public funds , so I can't apply for carer"s allowance. My husband (my daughters father) he works full time.
JA: Where are your daughter and your husband and your father? It matters because laws vary by location.
Customer: my question is - is any possibility that I can apply for carers allowance because I looking after her 24/7 ? we like in London, W3
JA: What steps have they taken so far?
Customer: I didn't take any steps
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My husband and I originally from Ukraine
Submitted: 13 days ago.
Category: Law
Expert:  MARTINT330 replied 13 days ago.

Hello, I am happy to help with your enquiry today.

Expert:  MARTINT330 replied 13 days ago.

Since you only have a spouse visa, you need to be able to support yourself in the UK as part of your visa conditions. It is understood that you should be able to support your stay in the UK during your application. This is so that you do not cost the British government money by being in the country.

As the UK is all about positive immigration, therefore, it encourages immigration where people will come to bring economic benefits, or at the very least not cause any financial negativity. By stopping welfare benefits from going to immigrants, the British government can ensure that immigration remains a net gain rather than a cost to the UK.

The way that the UK enforces immigration, you need to ensure that you can successfully support yourself during your stay in the UK. This is the reason why there are so many financial tests placed on you before you are granted a spouse visa. You can only apply for the allowance if you'll have settled status.

Expert:  MARTINT330 replied 13 days ago.

Is there anything else I can help with today?

Customer: replied 13 days ago.
please
Expert:  MARTINT330 replied 13 days ago.

Please let me know if there is anything else I can help with.

Customer: replied 13 days ago.
I live in UK since 2010, kindly paying for EVERYTHING , all migrations, NHS charges. Since my second's child's disability I use my own savers. Unfortunately since 24 feb 2022 , we have a war in Ukraine and all my family and all my business been fully effected. UK government recently start scheme for Ukrainian refugees and all Ukrainians who arrive to UK - not charging any fee for visa and all Ukrainians has excess to all public benefits.
As I am Ukrainian who also fully effected by war, live in UK before and have ill child who needs care 24/7 but don't have excess to any public funds. CAN I ASK TO HAVE EXSESS TO PUBLIC FUNDS LIKE ALL UKRAINIANS ? to help with cost for child
Expert:  MARTINT330 replied 13 days ago.

Since you have lived in the UK starting in 2010, you should have applied for indefinite leave to remain or settled status so that you can access the government funds.

Customer: replied 13 days ago.
Unfortunately I wasn't able to apply after 10 years because of my absent days for 10 years was slightly bigger.
I applied for spouse visa instead ( second time ) in 14 feb 2022 , I have paid all charges around £3000 and few days after UK government has cancelled all visa fee, NHS charge , language test , proof of income for Ukrainians due to the war. Can I ask to improve my visa , like get a excess to public funds , or apply for free to indefinite leave to remain, or even get some refund because 3 days after all fees was cancelled ?
Expert:  MARTINT330 replied 13 days ago.

We cannot specifically advise on that matter. Hence, you would be well advised to formally instruct an immigration solicitor close to your home address, you can locate one using your postcode and the following link: https://solicitors.lawsociety.org.uk/

Customer: replied 13 days ago.
thanks
Expert:  MARTINT330 replied 13 days ago.

No problem. Thank you for your enquiry today, please do not hesitate to contact us in future.

Expert:  MARTINT330 replied 13 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.