Working part time In Ireland b still claiming benefits in uk

Hi all page members.
Need some information on someone behalf.
My friend wants to go Ireland with his British wife.
He is non eu national and his wife is British. They have done islamic marriage in Pakistan in 2011 which has been registered with pakistani authority . He came on student visa to uk. Case is in home office pending. They still living together. They have one baby together.

Now come to the main questions...
He want to move to ireland with wife and son.
His wife claiming all benefits in uk
If they move to ireland , can his wife work part time In Ireland
or
Will she they need to stop all benefits?

Does uk share benefits data with Ireland or vice versa?

While she claiming benefits in uk can she she work part time In Ireland.

She will do part time job to support her husband residence card application.

If this is a Surinder Singh move then you will fail UK centre of life test if you maintain ties with UK, including not updating status with DWP and continuing to claim UK benefits;
also maintaining any home in UK (owned or rented) & etc does not help your case.

If wife is sponsor then she has to work in Ireland or again the case will fail the centre of life test (for SS);
in any case there are the fundamental requirements for freedom of movement to be met. So wife probably has no choice but to work.

Kindly refrain from posting same question all over the forum. Stick with this topic.

noajthan wrote:Kindly refrain from posting same question all over the forum. Stick with this topic.

Hi Noajthan
Thanks for your reply.
If she work part time In Ireland for the support of eu1 application of her husband. Can she work part time In Ireland ad same time claiming housings income base benefits.

In uk you can earn 104£ while you are on job center or low income benefits

ireland2016 wrote:Hi Noajthan
Thanks for your reply.
If she work part time In Ireland for the support of eu1 application of her husband. Can she work part time In Ireland ad same time claiming housings income base benefits.

In uk you can earn 104£ while you are on job center or low income benefits

Its unclear what you are trying to achieve in Ireland.
If a temporary move (under Surinder Singh route) then hanging onto a house in UK and receiving HB for it will count against you in the centre of life test.
If a permanent move to Eire then why retain a house in UK.

Neither can you claim HB from the local authority for a house which you are no longer living in.

This would be considered as benefit fraud.

Is this inquiry for a friend or for you?

It is important that you are honest.

J_Karim wrote:To"henry_morgan"
Yes she can with temporary stamp 4..will have no issue to join work..
good luck with the job haunt..

Hi Karim Bhai
i need your advise as well.
i was thinkign to open a new thread but my situation is abit same to this thread.
i non EU and My wife is British national. we are planning to move to ireland as well.
my wife is claiming all benefits including housing and low income base benefits plus on child benefits.
we are living in council house and we had waited 1 year for the place to get.
we dont want to loose this place in case if we move to ireland and dont get visa then we will be left nothing and will be living in temporary accommodation again.

now my main question is
can my wife leave on benefits here in uk while she will be self employeed or working in ireland.
its look a bit dodgy to forum members. but honest speaking we dont have any dodgy intention or dodge any system.

is it possible for my wife to be working in ireland to support my EU1 application while she leave all benefits on in uk for safe side

is it possible for my wife to be working in ireland to support my EU1 application while she leave all benefits on in uk for safe side

You may have a problem because your EU1 application is based on your wife's status so her activity in Ireland is important. Keeping benefits in the UK going, whilst living in Ireland and working may also be a problem in case the Immigration Office in Ireland makes checks once you have applied for the EU1 (and there's a strong possibility of this happening). As it stands your wife is fully dependent on the British government to support her with benefits, housing etc. So if your wife keeps all the benefits whilst living in Ireland, she may not be eligible to exercise her Treaty Rights (you need to show you are resident in Ireland and at the same time show that you have cut ties with the UK to an acceptable level)

Good luck

Your question is not a bit the same as you are not even in Eire yet.
Split post to avoid jumbled responses and confusion.

ireland2016 wrote:

J_Karim wrote:To"henry_morgan"
Yes she can with temporary stamp 4..will have no issue to join work..
good luck with the job haunt..

Hi Karim Bhai
i need your advise as well.
i was thinkign to open a new thread but my situation is abit same to this thread.
i non EU and My wife is British national. we are planning to move to ireland as well.
my wife is claiming all benefits including housing and low income base benefits plus on child benefits.
we are living in council house and we had waited 1 year for the place to get.
we dont want to loose this place in case if we move to ireland and dont get visa then we will be left nothing and will be living in temporary accommodation again.

now my main question is
can my wife leave on benefits here in uk while she will be self employeed or working in ireland.
its look a bit dodgy to forum members. but honest speaking we dont have any dodgy intention or dodge any system.

is it possible for my wife to be working in ireland to support my EU1 application while she leave all benefits on in uk for safe side

You are setting yourself up to commit UK benefit and housing fraud.

You will fail the UK centre of life test if you embark on this poorly thought out plan.
Suggest get up to speed on SS route first.
For example, it is not a visa route.

You need to give up UK house and other ties in UK.
SS is more than a working holiday in some foreign country.
Plan on spending 6 or 9 months or even a year or two in Eire; with kids in school; take cat , dog and budgie with you too.

This is to meet the UK col test which is not compatible with EU law but, unless you feel like mounting some test case and going down in history as the one who took down 'col' test, best go along with it. Or you will be wasting your time.

And you were also advised in your original thread that claiming housing benefit for a property that you are no longer living in will be benefit fraud.

A criminal offence.

http://www.immigrationboards.com/irelan ... l#p1415993

Posts merged - no need for multiple posts.
Asking again and again won't change the basic answer.

Yes you can move to Ireland ..I know a person he had situation like you(From sylhet,bd)..he opened a small business on his wifes name got his residency approval..his wife was British national too..
i do not see a issue as long as Ur wife practicing treaty rights should be fine..
To be honest his case was a bit messy I took him to Good solicitor..they sort him out..
On the other hand Its better to let know UK authority that your wife is moving to Ireland, just to be on the safe side..
From my best knowledge if the person does not reside in the same country where he or she claiming social support will be stopped..and if the person does not bring this to their attention and keep having the social support and not residing in the same state will be considered as fraud..if you know what i mean..
I guess you cant apply from UK for Ur residency for certain issue.
by the way is your kid British national?
If I am not mistaken you should be able to apply for zumbarno route too..
anyways if you guys move should not be a problem..
The requirement EU1..check this out
weblink:http://www.inis.gov.ie/en/inis/form%20e ... %20eu1.pdf

NB: Do remember it might take few months,some cases takes nearly 10 months..Ref: based on previous cases..

By the to me your visa needs to be sorted ,you can try for benefit anytime ..
Hope it helps..

Zambrano isn't relevant to the OPs situation.

Casa wrote:Zambrano isn't relevant to the OPs situation.

+1

Zumbarno in Eire when OP clearly has a lovely taxpayer-funded house they are dearly hanging onto in UK
The mind boggles.

J_Karim wrote:Yes you can move to Ireland ..I know a person he had situation like you(From sylhet,bd)..he opened a small business on his wifes name got his residency approval..his wife was British national too..
i do not see a issue as long as Ur wife practicing treaty rights should be fine..
To be honest his case was a bit messy I took him to Good solicitor..they sort him out..
On the other hand Its better to let know UK authority that your wife is moving to Ireland, just to be on the safe side..
From my best knowledge if the person does not reside in the same country where he or she claiming social support will be stopped..and if the person does not bring this to their attention and keep having the social support and not residing in the same state will be considered as fraud..if you know what i mean..
I guess you cant apply from UK for Ur residency for certain issue.
by the way is your kid British national?
If I am not mistaken you should be able to apply for zumbarno route too..
anyways if you guys move should not be a problem..
The requirement EU1..check this out
weblink:http://www.inis.gov.ie/en/inis/form%20e ... %20eu1.pdf

NB: Do remember it might take few months,some cases takes nearly 10 months..Ref: based on previous cases..

By the to me your visa needs to be sorted ,you can try for benefit anytime ..
Hope it helps..

Thank you very much Karim Bhai. JazakAllah Khair.
My wife will be working there and will exercise her treaty rights.
yes the child mum is british and child is also british.

J_Karim wrote:i do not see a issue as long as Ur wife practicing treaty rights should be fine....

and can you please tell me about that solicitors name as well ... email address removed by moderator

Thanks

ireland2016 wrote:and can you please tell me about that solicitors name as well ... email address removed by moderator

Please refrain from posting your contact details on the forum. This is for your own safety.

Any solicitor details that are posted will also be removed.

CR001 wrote:

ireland2016 wrote:and can you please tell me about that solicitors name as well ... email address removed by moderator

Please refrain from posting your contact details on the forum. This is for your own safety.

Any solicitor details that are posted will also be removed.

ok CR001
sorry about that. can i pm j karim?

ireland2016 wrote:

CR001 wrote:

ireland2016 wrote:and can you please tell me about that solicitors name as well ... email address removed by moderator

Please refrain from posting your contact details on the forum. This is for your own safety.

Any solicitor details that are posted will also be removed.

ok CR001
sorry about that. can i pm j karim?

You don't have access to the PM function yet as you are newly registered. If you make frivolous and nonsense posts to boost your post count to 30 to trigger PM access, then your PM function will be disabled permanently.

ok CR001 thanks anyway i will see if karim can help me ..Amir

ireland2016 wrote:ok CR001 thanks anyway i will see if karim can help me ..Amir

You don't need a solicitor to sort this out (or 'fix' things), you just need to understand requirements for SS and then comply with them, fully.

And if your spouse leaves the UK, to cancel ALL benefits and give up the property. You/spouse seem to want the best of both countries and it doesn't quite work like that.

ireland2016 wrote: Now come to the main questions...
He want to move to ireland with wife and son.
His wife claiming all benefits in uk
If they move to ireland , can his wife work part time In Ireland
or
Will she they need to stop all benefits?

Benefit fraud

You’re committing benefit fraud if you:

don’t tell the office that pays your benefit you’re going abroad, even if it’s just for a visit

https://www.gov.uk/claim-benefits-abroad/overview

AND

You must tell HM Revenue and Customs (HMRC) if either:

you’re leaving the UK to live abroad permanently

https://www.gov.uk/tax-right-retire-abroad-return-to-uk

ireland2016 wrote:Does uk share benefits data with Ireland or vice versa?

They must do because someone on another site is reporting she was Interviewed Under Caution for benefit fraud and will lose her coucil property in England as they found out she spends a lot of time in living in Ireland.

No too worry you are welcome..By the way this forum has some rules have to follow for safety purpose..
On the other hand ur case is pretty much straight forward so might not need a solicitor..as I mention the person i took him to a solicitor because he has some complication in his case but if you still not confident to apply yourself..Google some top solicitor in Ireland..they all professional and fees is same every where..
good luck with your application..
hope it helps