claiming benefits and have no recalls to public funds

I was granted 6months residency with no recalls to public publc funds last yr march my ex partner is a british citizen so we applied as live in together then so I was granted 6months and I was tols once I gave birth I should re apply with my sons passport. My partner and I split up before my son was born and I was put in a temporary accommodation by by the housing my social worker inposed it on me to go the job centre to apply for benefits if not shes going to stop the money she was given me. When I was about 38wks pregnant I went to apply for benefits ans I gave the interviewer my residency permit card this was around d beginning of june as my son was born at d end of June and d card expires in September. The interviewer did the photocopy and couple of weeks later they rang me if have delivered and I said yes and I was told by d benefits agency that they are gonna start payment. Anyway since july have been getting income support, child benefits and child tax credits. My stay has now expired and have reapplied under the eea2 zambrano law in september. Home office sent me certificate of application amd which states I could work with but have been to 3 different employers and have been turned down because of the COA. The COA will expire in march am so worried about all this benefits am claiming even thou d interviewer did see the card when I went there am still worried. Have now been taking off housing benefit because I was told by the council to provide my leave to remain which states no recalls to funds but the home office havent answer me yet. Am now being put in a accommodation by the social services but am still claiming all other benefits apart from housing benefit am so concerned about this. Please I need an advice.

You could argue it is necessary to claim benefits in the best interest of the child - child's welfare. With such an argument you should be given leave to remain with access to public funds permitted.

[quote="Amber_"]You could argue it is necessary to claim benefits in the best interest of the child - child's welfare. With such an argument you should be given leave to remain with

Thanks so much for replying me but I dont seem to understand how you said I could argue it. I have a pending application inside and decision will be make by march that was what I was told this morning when I rang them. Home office doesn't know am claiming all these benefits so I don't understand how you say I could argue it in other to get leave to remain. The leave to remain thing is even what am praying for have been in uk since 2004. Please explain better to me because I was told by some friends that I could only be granted 3yrs under the eea zambrano law as the sole carer of a bristish born which is my son.

Being granted 2.5 years leave, usually does not allow access to public funds. However, given the welfare of the child you can ask them to reconsider once leave is granted. Or write to them now and ask them to grant the leave with access to public funds.

You should reapply for Family Leave to Remain (O) using a fee waiver. If your fee waiver is accepted, they must grant you recourse to public funds when they grant you Family Leave to Remain.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Family life as a parent of a child in the UK

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Where an applicant is receiving support from a Local Authority under section 17 of the Children Act 1989 or section 21 of the National Assistance Act 1948, the Local Authority will have conducted their own assessment of destitution before making a decision to grant
support. In many cases it is likely that we will reach the same conclusion as the Local Authority on the question of whether or not an applicant is destitute, but this may not always be the case.

Consistent with the provision of support to asylum seekers and their dependants under section 95 of the Immigration and Asylum Act 1999, a person is destitute if:

a) They do not have adequate accommodation or any means of obtaining it (whether or
not their other essential living needs are met); or
b) They have adequate accommodation or the means of obtaining it, but cannot meet
their other essential living needs.