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Pre- settled status / right to reside

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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euspouse07
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Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
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Ireland

Pre- settled status / right to reside

Post by euspouse07 » Fri Jan 13, 2023 11:11 am

Dear all
Can any please shed some light on the right to reside and pre settled status.
What is the difference between these terms ?

Actually I was trying to help Someone who is in process of applying for child benefit.

She is non eu currently residing in the UK on the pre-settled status issued under the EUSS.
Can anyone also confirm that she is entitled to apply for child benefit and it would not have any negative consequences in the future as she would be applying for the settled status.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Pre- settled status / right to reside

Post by JB007 » Fri Jan 13, 2023 2:51 pm

euspouse07 wrote:
Fri Jan 13, 2023 11:11 am

Can any please shed some light on the right to reside and pre settled status.
What is the difference between these terms ?
There are different meanings for Right to Reside, but in this case it means that an EEA citizen granted pre-settled status, can only have UK public funds if they are working.
euspouse07 wrote:
Fri Jan 13, 2023 11:11 am
Actually I was trying to help Someone who is in process of applying for child benefit.

She is non eu currently residing in the UK on the pre-settled status issued under the EUSS.
Can anyone also confirm that she is entitled to apply for child benefit and it would not have any negative consequences in the future as she would be applying for the settled status.
Your post should really be on the EEA route Applications board. They will know how to work out it she can have public funds through her EEA sponsor.

Would a Mod please move this thread to the EEA board.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Pre- settled status / right to reside

Post by JB007 » Fri Jan 13, 2023 3:13 pm

I should have also said that if she is from a country who has an agreement with the UK for Child Benefit, then she can claim CB.
These countries are-


Barbados
Bosnia and Herzegovina
Canada
the Channel Islands
Israel
Kosovo
Mauritius
Montenegro
New Zealand
North Macedonia
Serbia

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Pre- settled status / right to reside

Post by JB007 » Fri Jan 13, 2023 3:23 pm

JB007 wrote:
Fri Jan 13, 2023 3:13 pm
I should have also said that if she is from a country who has an agreement with the UK for Child Benefit, then she can claim CB.
These countries are-


Barbados
Bosnia and Herzegovina
Canada
the Channel Islands
Israel
Kosovo
Mauritius
Montenegro
New Zealand
North Macedonia
Serbia
I forgot the link. https://www.gov.uk/child-benefit-move-to-uk

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: Pre- settled status / right to reside

Post by euspouse07 » Sat Jan 14, 2023 2:07 am

I'm sorry but the question remain the same .
She has pre settles status being an extended family member of the EU citizen ;
Can she claim child benefit as she is residing and working in Ireland ?
Will it have any adverse effects on her future immigration status ?

meself2
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Posts: 3234
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Pre- settled status / right to reside

Post by meself2 » Sat Jan 14, 2023 10:11 am

euspouse07 wrote:
Sat Jan 14, 2023 2:07 am
Can she claim child benefit as she is residing and working in Ireland ?
Who is working in Ireland, benefit claiming person or EU citizen? If the former and they live/work in ROI, that'll be a different ball game.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Pre- settled status / right to reside

Post by kamoe » Sat Jan 14, 2023 1:17 pm

euspouse07 wrote:
Sat Jan 14, 2023 2:07 am
I'm sorry but the question remain the same .
You are asking two completely different questions here:

1. Is Pre-settled status the same as right to reside.
2. Is some eligible for child benefits when they have Pre-Settled Status.

Therefore, no, the question does not remain the same. In fact, it is still unclear to me what your actual question is.

To start with, the reason these two questions are not the same, is that many visas and resident permits give the right to reside WITHOUT giving the right to child benefits. In other words, the right to reside does not automatically give anyone the right to child benefits. It's important to know that.

Second, the straightforward answer to number 1 above is: No, Pre-Settled status is not the same as right to reside in the UK. Pre-Settled status is one of many ways of having the right to reside in the UK. If you have pre-settled status, you have the right to reside; but one can have the right to reside without having Pre-Settled status. So, conceptually and logically these are not equivalent.

For answer to Number 2, can you clarify something. You said:
She is non eu currently residing in the UK on the pre-settled status issued under the EUSS.
and also:
Can she claim child benefit as she is residing and working in Ireland ?
Which one is it? Is she residing in the UK or in the Republic of Ireland? Or do you mean she resides in Norther Ireland?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: Pre- settled status / right to reside

Post by euspouse07 » Sat Jan 14, 2023 10:36 pm

My bad that was typing error.
Apologies
As stated earlier she is a non-EU citizen and currently holds pre-settled status.
She is residing in the united kingdom.

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