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Note the HO helpline has been known to be unreliable. And advisors are not held accountable for any advice given.Alexst wrote:Please, maybe someone can help. I contact home office few times - and recieve 3 answer: 1) - its fine, and its not make effect on application. 2) - Its very complicated situation 50/50 3) - i cant apply - because "carel allowance" its not work. How you can see all advice its different. I find documentaion which probably can proof by eu law what full time carer must calculate like work. I probably can use this information in case of appilation. But maybe someone can give link were i can find more relative information about treaty right when on full - time care.
Hope someone can help me - please.
I understand its very difficult and naturally any loving husband will defend and support his dear wife.Alexst wrote:Many thanks for your reply. I was full time worker since 2004-2013.10. Just in 2014 i find what my third job dont done me WR. I have te registration but they not count. For last 10 years i have 0 absenc from uk. After then my wife ill (she is non EUR) and start recieve (enchange reate of pip) i become full time carer. Its not was my wish. And i very hope what her condition gone soon improve and i can comeback to work. After recieving care allowance i start recieve other benifit. Did this situation not exception? Did i need left wife to died? to recieve care allowance i need look for disabled person at least 35 hours - i look 24 hours per day. Did its not count for work? What i need doing now? Lowyer said its exception i need pay them and they can fill form. Did can i believe them? Please help!
Understood. You have a lot on your plate and have taken the life challenges as best as you possibly can.Alexst wrote:Many thanks for all you help. In 2004 when i move to uk i start work in kebab house - i make WRS and work for same employer other year. (but this place now is clouse, i dont have any paper - and i was work virtually for nothing this time - bed and breakfest) After when my english improve in 2005 i start work for big company - and i done WRS again. But in 8 monts i move to another company - This company make all paperwork and unfortanatly not provide them. In 2 years time i move to my last employer (2008-2013.10) hgv driver. I was shure what all my documents was done properly. but just in 2014 i i find what my 3 employer not done registration - they still confirm what all done - but for so long time they distroy all paper. I contact WRS and they inform what i have 2 registration and no third. But did it my falt? i have 0 absence from work since 2004-2013.10 i never rely on benefits and have abot 23k per year. Did my situation not coming to exemption? NO i dont have own inshurance. If i know what i need i defenatly take. But before applying for care income support (becouse i start recieve care asisstent) i pass incapacity test. i always follow all law. I honest person who just have difficult life situation. I better work and have twice more money if i can - but how i write before whith my wife diases she can died without supervising. I find 2 way to try appeal in case of refuse of application. 1 - worker its person who provide service to other and recieve for this payment (carer - must provide service at least 35 hours and he recieve payment for this) Did it not mean what carer allowance make proof what person in work. 2 - Self suffiecent person - person who work without registration and not relly on benefit. Yes i dont done WRS (but did its my falt - did my 2 wrs not proof what i honest person?) but i work i pay all tax i not relly on benefits - did its can count like self suffiecent person??? I dont believe what i only one person whos family member ill and they must temporarry stop work to provide full time care. I dont know what to do - her is my whole life.
Suggest email the WRS address (as above) to ask for any records they have about you.Alexst wrote:Many thanks for you help. Before 2004 i was student in my country and come to uk for summer work. But in 2004 i move permanent to uk. My first job was in kebab. Yes i done on first job WRS. Before first and second job (i done WRS on second job) over 12 monts. But my application for naturalisation in 2014 was reject because i cant provide evidence from my first job. How i told i work for (bed and breakfast). This place its clouse and i dont have any evidence. From second job i start recieve appr 18k per year and on my last job (2008-2013) about 23k per year. Unfortanatly on my second job i work appr 8 monts. On new job i was told what office made all apllication but they never give them on hand. How i told they even now saying what all was done.
I cant count my first regstration - no evidence
My second registration (8 monts)
And on third job someone done misstake - i not was very familar with this - but i person who always follow all law and unfortanatly i believe to office (its biggest company in our city - with thousand workers)
Before 2004 i cant count - i was student in my country and was in uk on student visa
My option just proof what is not my wish to temporarry stop working. Its not my falts what registration not was done. If not calculate first job - from 2005 i pay all tax i have inshurance number since 2004-2005
I dont know what to do
@Simon, I think you have missed a "not" (?)secret.simon wrote:Being in receipt of Carer allowance is classified as working for the purpose of the EEA Regulations
Unfortunately, NHS provision is not accepted as a replacement for CSI. A number of court cases have determined this.Alexst wrote:Many thanks for all you help. I allredy recieve mail from WRS and this not help me. I think i have just 2 way to doing - 1 - its proof what its not my falts what employer miss registration and by eu law calculate unregistration work like self sufficient. In this case i need provide privat medical inshurance - again by eu law i can try proof what "nhs" cover this.
Or second way proof what "full time carer" can calculate like worker. Because to recieve "care allowance" person need provide care for at least 35 hours.
I really hope what someone who maybe have similar situation or maybe lowyer can help me or can give link for some exemption.
With regards
This information from the Aire Centre offers a glimmer of hope (but no guarantees).Alexst wrote:Many thanks for you help. I really lost - to recieve care allowance i pass all test, i ligally all recieving. Now i have even some advice what i illigal in this country. Which put me down. I have home, married in uk, child in school, even 3 dogs - and what now? How i allredy told i think its can proof what registration not my falt - i done 2, but my 3th employer just give me false information. And care allowance again not very smooth - to recieve care allowance people need pass all test to proof they ligal in uk - i all pass - and what now? Or did i must left wife along what she can died? Did "daily enchange rate of pip" not proofing what work is real.
Dear all readers maybe someone have similar situation, maybe they know exemption maybe they was in court or maybe some lowyer read this tipic - please respond to me with help. I hapy to recieve any help in this difficult time for all my family. MAny Thanks to all
See http://www.airecentre.org/data/files/re ... s-2014.pdfIf you are faced with the issue outlined in this note, or if you are representing someone in this position, please do not hesitate to get in touch with us via info@airecentre.org
If the child started school before you stopped working, then you are legal as you have a derived right of residence while the child is in school and you are its primary carer, by Regulation 15A(3). By the precise words of the regulation, the child doesn't need to have started school while you were still working. The bad news is that a derivative right of residence does not count towards acquiring permanent residence. Under current rules, I believe you would have to apply for ILR on the basis of long lawful residence before your child left school.Alexst wrote:Now i have even some advice what i illigal in this country. ... child in school
Still suggest contacting the Aire Centre asap.noajthan wrote:This information from the Aire Centre offers a glimmer of hope (but no guarantees).
Suggest you contact them for up to date information on their initiative on behalf of carers in UK:
See http://www.airecentre.org/data/files/re ... s-2014.pdfIf you are faced with the issue outlined in this note, or if you are representing someone in this position, please do not hesitate to get in touch with us via info@airecentre.org