Universal Credit for Divorced, Disabled EEA National

Hi,

My mother is a German Citizen.
She was married to a British citizen in 1989, moved to the UK in the same year. No visa was required since she was married.

She had three children (now all British citizens over the age of 18). Started claiming benefits c1993 inability to work due to severe mental health issues. Divorced after 14 years and ex-husband died same year. Has continued to be able to claim benefits ever since.

Used to be on PIP, housing benefit, employment support allowance but because she wanted to move house, she applied for universal credit to replace those payments however she has been rejected because:

1. She cannot claim as permanently unable to work because she is an EEA national.
2. She cannot claim as an EEA national because she is permanently unable to work and hence has no right to reside.

She has attempted to apply for British citizenship but has failed because she does not have indefinite leave to remain.
1, She has no right to reside because she is unable to work.
2. She cannot claim under long residency because she never had a visa.
3. All of her children are now over 18

Does anyone know a way she could be entitled to Universal Credit or if not, any other way she could apply for indefinite leave to remain to become a british citizen?

Thanks in advance,

As she's been in UK since 1993, she'll have to apply for a DCPR; then she'll be entitled to UC.

Check all her pre-2000 passports to see if she was ever stamped in with Indefinite Leave to Remain. Pre-(October)2000, it was available on request (not automatically) to EEA citizens working in the UK.

Do you have proof of her having worked any five continuous years (possibly 1989-1994); P60s, payslips, etc?

rooibos wrote: ↑

Sun Dec 16, 2018 8:14 am

As she's been in UK since 1993, she'll have to apply for a DCPR; then she'll be entitled to UC.

Thank you for your reply: do you mean under the surinder singh route?
She doesn't have any evidence of their joint address in germany for that as it was 1989, she doesn't have records of his employment in germany (he had these in his home and they were destroyed by his uncle after he died and the house was cleared). We are going to try to obtain a tax record from germany if they will release this to us.

She does have marriage and divorce certificates and a german birth certificate for their first child which can be used as evidence.

I called home office but keep getting passed around different departments and them saying they can't comment on individual cases, this just seems so complex.

secret.simon wrote: ↑

Mon Dec 17, 2018 2:37 pm

Check all her pre-2000 passports to see if she was ever stamped in with Indefinite Leave to Remain. Pre-(October)2000, it was available on request (not automatically) to EEA citizens working in the UK.

Do you have proof of her having worked any five continuous years (possibly 1989-1994); P60s, payslips, etc?

No, she hasn't worked for 5 years as she has been unwell with her mental health.

How many years of continuous work proof does she have?

secret.simon wrote: ↑

Wed Dec 19, 2018 6:46 am

How many years of continuous work proof does she have?

Only a few months as first she was raising 3 small children then too ill to work so was claiming benefits.