Universal credit for non EU Dependent parents

Hello to every one,

I have read posts here in this forum relating to Public funds for Non-EU spouses/children under the EU law. However, I have got a query as to what are the rules for dependent parents who have been issued pre-settled status/residence card under the EU settled scheme or EU law? If they apply if allowed, won't be an issue
(proof of dependency) when they later apply for settled status
Can the dependent parents apply for Public funds like universal credit if they need to before they complete the 5 years continuous residency or settled status?
I have checked the paper forms on which one can apply for status under the Surinder Singh route, there is no column of dependency. One would only need to give the proof of 5 years' residence and would need to mention the category, in this case, which is the dependency.
I hope experience members will shed light on this issue sooner as I know many people are struggling these days due to the ongoing virus issues.

Premier2013 wrote: ↑

Mon Apr 06, 2020 11:13 am

Hello to every one,

I have read posts here in this forum relating to Public funds for Non-EU spouses/children under the EU law. However, I have got a query as to what are the rules for dependent parents who have been issued pre-settled status/residence card under the EU settled scheme or EU law? If they apply if allowed, won't be an issue
(proof of dependency) when they later apply for settled status
Can the dependent parents apply for Public funds like universal credit if they need to before they complete the 5 years continuous residency or settled status?
I have checked the paper forms on which one can apply for status under the Surinder Singh route, there is no column of dependency. One would only need to give the proof of 5 years' residence and would need to mention the category, in this case, which is the dependency.
I hope experience members will shed light on this issue sooner as I know many people are struggling these days due to the ongoing virus issues.

Hi

For now as we are still in the EU transitional period till 30 June 2021, you can still rely on your old EEA family right to secure benefits.

Once we go past this period, your Pre-Settled Status would disqualify you under the new social security and habitual test which came in, in March 2019.

All people issued LLE under the eu settlement scheme will be excluded from benefits apart from people who have been issued SETTLED STATUS under the scheme

HOME OFFICE is very clever and have pushed this policy through the Withdrawal Agreement.

But for now your eea right is still lawful and can allow you to take public funds even though you have presettled status

snooky wrote: ↑

Fri Apr 10, 2020 7:43 am

For now as we are still in the EU transitional period till 30 June 2021, you can still rely on your old EEA family right to secure benefits.

If they are using the EU rules to be/remain in the UK by stating they are financially dependent on an EEA citizen, then I don't see how they can now ask to be finacially dependent on the UK welfare state instead of their EEA citizen.

Surely their right to reside is dependant on them being financially dependant on their EEA citizen? Who is exercising treaty rights at all times?

snooky wrote: ↑

Fri Apr 10, 2020 7:43 am

Once we go past this period, your Pre-Settled Status would disqualify you under the new social security and habitual test which came in, in March 2019.

I think you will find the HRT came in long before 2019.

snooky wrote: ↑

Fri Apr 10, 2020 7:43 am

But for now your eea right is still lawful and can allow you to take public funds even though you have presettled status

EU rights for benefits, requires a "right to reside" and even then, some cannot have benefits from that EEA country, or cannot have many benefits from that country. And some can only have benefits from the UK for a limited time.

JB007 wrote: ↑

Sat Apr 11, 2020 12:17 pm

[quote=snooky post_id=<a href="tel:1893425">1893425</a> time=<a href="tel:1586504607">1586504607</a> user_id=227412]
For now as we are still in the EU transitional period till 30 June 2021, you can still rely on your old EEA family right to secure benefits.

If they are using the EU rules to be/remain in the UK by stating they are financially dependent on an EEA citizen, then I don't see how they can now ask to be finacially dependent on the UK welfare state instead of their EEA citizen.

Surely their right to reside is dependant on them being financially dependant on their EEA citizen? Who is exercising treaty rights at all times?

[quote=snooky post_id=<a href="tel:1893425">1893425</a> time=<a href="tel:1586504607">1586504607</a> user_id=227412]Once we go past this period, your Pre-Settled Status would disqualify you under the new social security and habitual test which came in, in March 2019.[/quote]

I think you will find the HRT came in long before 2019.


[quote=snooky post_id=<a href="tel:1893425">1893425</a> time=<a href="tel:1586504607">1586504607</a> user_id=227412]But for now your eea right is still lawful and can allow you to take public funds even though you have presettled status
[/quote]

EU rights for benefits, requires a "right to reside" and even then, some cannot have benefits from that EEA country, or cannot have many benefits from that country. And some can only have benefits from the UK for a limited time.
[/quote]

I am so pleased JB007 has said that. So many non EU, who happen to be married to EU, bring their parents, siblings, their cousins, and many more as “dependants”, yet then expect the British tax to support them. It’s just not on, and I believe it’s not right. This has been used as a loophole for many years and was not a fair system because those of us who immigrated here using British immigration law are not able to bring our parents here, even though we would support them without British taxpayer money. It will be good when this loophole has closed.

blondesafari wrote: ↑

Sun Apr 12, 2020 5:52 am

JB007 wrote: ↑

Sat Apr 11, 2020 12:17 pm

[quote=snooky post_id=<a href="tel:1893425">1893425</a> time=<a href="tel:1586504607">1586504607</a> user_id=227412]
For now as we are still in the EU transitional period till 30 June 2021, you can still rely on your old EEA family right to secure benefits.

If they are using the EU rules to be/remain in the UK by stating they are financially dependent on an EEA citizen, then I don't see how they can now ask to be finacially dependent on the UK welfare state instead of their EEA citizen.

Surely their right to reside is dependant on them being financially dependant on their EEA citizen? Who is exercising treaty rights at all times?

[quote=snooky post_id=<a href="tel:1893425">1893425</a> time=<a href="tel:1586504607">1586504607</a> user_id=227412]Once we go past this period, your Pre-Settled Status would disqualify you under the new social security and habitual test which came in, in March 2019.

I think you will find the HRT came in long before 2019.


[quote=snooky post_id=<a href="tel:1893425">1893425</a> time=<a href="tel:1586504607">1586504607</a> user_id=227412]But for now your eea right is still lawful and can allow you to take public funds even though you have presettled status
[/quote]

EU rights for benefits, requires a "right to reside" and even then, some cannot have benefits from that EEA country, or cannot have many benefits from that country. And some can only have benefits from the UK for a limited time.
[/quote]

I am so pleased JB007 has said that. So many non EU, who happen to be married to EU, bring their parents, siblings, their cousins, and many more as “dependants”, yet then expect the British tax to support them. It’s just not on, and I believe it’s not right. This has been used as a loophole for many years and was not a fair system because those of us who immigrated here using British immigration law are not able to bring our parents here, even though we would support them without British taxpayer money. It will be good when this loophole has closed.
[/quote]





Are jealous that eu nationals can bring their family members to the uk and you can't. And if she has right to claim benefits why not on this bad time I'm sure you would do the same.

Tiktok wrote: ↑

Sun Apr 12, 2020 11:20 pm

And if she has right to claim benefits why not on this bad time I'm sure you would do the same.

It doesn't appear that they can claim bebefits from the UK under EU rules. They are meant to be dependant on their EEA sponsor AND their EEA sponsor has to exercising treaty rights at all times.

It seems they can't claim benefits by only holding pre-settled status either.

Back in 2016, the UK rasied the state pension age to be above the limit to have the welfare payment called Pension Credit and removed the Guaranteed part of Pension Credit for new claimants.

This means that the UK can now end Pension Credit and many are predicting they will. Why else wouild they have raised the UK state Pension to be just over the cap for Pension Credit?
Becasue of the way the new state pension was brought in, they can end Pension Credit from the next tax year.

They also brought in that only those who have contributed to the UK, can have a UK state pension.



For those of working age, they have changed the popular benefits too-
There isn't much benefit money for those that don't have children as they are expected to work and keep themselves.
The 2 child limit for low income benefits, was brought in to make sure that other EEA counties like France, Germany and Sweden pay more in benefits than the UK will now do.
The Welfare reforms means that each person is expected to work if they want UK benefits and there are sanctions of up to 3 years. This is being rolled out for exisitng claimants of 6 low income benfits.

Thats just the benefits side of what the UK gives. What is the UK decide to do as other countries already do and start to protect their NHS?