UK PR on the basis of permanently incapacitated / disabled

[yousuf2015]

Hi everyone,

I’m sorry if this question has been asked before, I searched a lot but couldn’t find any thread. My situation is as below, please kindly advise:

My spouse is an EEA National and holds a document proof for PR (issued in 2015) being in UK for more than a decade. My spouse is having permanent physical disability and on DLA (PIP) since in the UK. My spouse is also self-employed for less than 16 hours a week and try to help towards house expenses. We have got doctor / medical history of the permanent disability because it’s since childhood. There is operations record etc. We have got 2 kids together, both born in the UK and British National.

My question is; I am a non-EEA national and holds a UK Residence card (issued 2015). I saw online that if your spouse is permanently incapacitated / disabled that you can apply for PR earlier regardless of 5 year time.
Please advise, if I am eligible for earlier apply for PR? And yes than what documents I need to submit with my application?

Many thanks in advance.

[Obie]

When did you marry and start living with your wife in the UK.

It does not seem to me, that she stopped working because of injury. It appears that she has been disabled since birth, and not because of work, neither can it be said she stopped working because of disability and health.

[yousuf2015]

Hi Obie,

Thanks for your reply.
We married in April 2014 and started living the same time. I came to the UK join her the same year 2014.
Yes you are right, she didn't stopped working. Yes, disability is from childhood.
Yes, it's not because of injury at work etc.
What are the conditions which apply on Permanently incapacitated / disabled?

Thanks.

[yousuf2015]

Hi,

As I mentioned earlier, due to this permanent disability, my EEA spouse can't really work. But one thing worth mentioning is, the disability is permanent and from childhood.

Please advise, can I apply for early PR on the basis of my EEA spouse permanent disability?

Thanks.

[Obie]

It will all depend on the facts of the case and the doctor's letter.

[yousuf2015]

Thanks Obie for your reply.

I have got letter from the doctor about the permanent disability which shows the nature of disability is permanent. Also I'm in receipt of high rate of mobility DLA (PIP). The latest DLA examiner have given 10 years exemption from re-examining for the DLA, I believe 10 years is maximum.

Please advise, how should I submit my non-EEA spouse case for PR (before 5 years). I have no idea about such cases as there is no enough example online.