JSA for eea2 residence card holder, help please!

Hi, my partner has recived his eea2 5 years residence card a few days ago. Can he recieve JSA while he is looking for work? He didn't work before as he was on student visa and also overstayed it.

aga85 wrote:Hi, my partner has recived his eea2 5 years residence card a few days ago. Can he recieve JSA while he is looking for work? He didn't work before as he was on student visa and also overstayed it.

Does anybody know the answer to it, please?

Be patient, you posted late at night and then bump it up after 30 minutes.

Some people sleep!

mochyn wrote:Be patient, you posted late at night and then bump it up after 30 minutes.

Some people sleep!

Ok, i will be patient then

Can someone replay me please.

Have you read chapter 12 of the ECIS already.

86ti wrote:Have you read chapter 12 of the ECIS already.

Thank you, i read it, but that still hasn't answered my question.

That may be because you think of it as a simple yes-no question which it is not. In this respect the ECIS are very clear. We have discussed this here on several occasions. Maybe you have a look through the 'Claiming Benefits' section?

Provided you are exercising treaty rights in an economic capacity, ie Self-Employed or a Worker, your partner may be able to claim, if he or she meets the requirements for acquiring such benefit. This will not have an effect on his or her right of residence.

Obie wrote:Provided you are exercising treaty rights in an economic capacity, ie Self-Employed or a Worker, your partner may be able to claim, if he or she meets the requirements for acquiring such benefit. This will not have an effect on his or her right of residence.

Obviously this can only be income-based JSA. If I understand the rules correctly then the OP's partner would only be eligible if the OP is working less than 24 hours. Wouldn't that be a sign that the couple struggles to support themselves? For a short time that may be harmless but if prolonged I am not convinced that it wouldn't have an impact.

Obie wrote:Provided you are exercising treaty rights in an economic capacity, ie Self-Employed or a Worker, your partner may be able to claim, if he or she meets the requirements for acquiring such benefit. This will not have an effect on his or her right of residence.

Thank you for your replies.

86ti wrote:

Obie wrote:Provided you are exercising treaty rights in an economic capacity, ie Self-Employed or a Worker, your partner may be able to claim, if he or she meets the requirements for acquiring such benefit. This will not have an effect on his or her right of residence.

Obviously this can only be income-based JSA. If I understand the rules correctly then the OP's partner would only be eligible if the OP is working less than 24 hours. Wouldn't that be a sign that the couple struggles to support themselves? For a short time that may be harmless but if prolonged I am not convinced that it wouldn't have an impact.

I am self-employed and working 30 hours but im receiving working and child tax credits.

The 30 hours are the lower limit to be eligible for WTC. At the same the income must be low (depending on circumstances).

86ti wrote: Obviously this can only be income-based JSA. If I understand the rules correctly then the OP's partner would only be eligible if the OP is working less than 24 hours. Wouldn't that be a sign that the couple struggles to support themselves? For a short time that may be harmless but if prolonged I am not convinced that it wouldn't have an impact.

86ti, i am not very knowledgable on eligibility for JSA, but you are right that if the partner is in employment, that exceeds a certain threshold (Possibly the 24 hrs a week) mentioned, she may not be eligible for Income based JSA.

My contribution was purley focused on the impact, if any, on the partners right of residence if he/she claimed a benefit that he/she was entitled to .

I don't think a 24 hrs work a week emloyment, will deprive someone of the status of migrant worker, which in turn entitles them to social advantage ( Regulation 7(2) 1612/68) or prohibition of discrimination stipulated in Article 24 of the Citizen directive.

It is settled law (Kempf) that someone who works a minimal number of hours, or for wages below the national minimum would qualify for additional support, without this affecting their right of residence. Provided of course the employment in question is effective and genuine.

Obie wrote:

86ti wrote: Obviously this can only be income-based JSA. If I understand the rules correctly then the OP's partner would only be eligible if the OP is working less than 24 hours. Wouldn't that be a sign that the couple struggles to support themselves? For a short time that may be harmless but if prolonged I am not convinced that it wouldn't have an impact.

86ti, i am not very knowledgable on eligibility for JSA, but you are right that if the partner is in employment, that exceeds a certain threshold (Possibly the 24 hrs a week) mentioned, she may not be eligible for Income based JSA.

My contribution was purley focused on the impact, if any, on the partners right of residence if he/she claimed a benefit that he/she was entitled to .

I don't think a 24 hrs work a week emloyment, will deprive someone of the status of migrant worker, which in turn entitles them to social advantage ( Regulation 7(2) 1612/68) or prohibition of discrimination stipulated in Article 24 of the Citizen directive.

It is settled law (Kempf) that someone who works a minimal number of hours, or for wages below the national minimum would qualify for additional support, without this affecting their right of residence. Provided of course the employment in question is effective and genuine.

Wow, now i'm really confused So does that mean that he is not eligible to JSA because i work 30 hours a week? Even though we are on a low income?

aga85 wrote:

Obie wrote:

86ti wrote: Obviously this can only be income-based JSA. If I understand the rules correctly then the OP's partner would only be eligible if the OP is working less than 24 hours. Wouldn't that be a sign that the couple struggles to support themselves? For a short time that may be harmless but if prolonged I am not convinced that it wouldn't have an impact.

86ti, i am not very knowledgable on eligibility for JSA, but you are right that if the partner is in employment, that exceeds a certain threshold (Possibly the 24 hrs a week) mentioned, she may not be eligible for Income based JSA.

My contribution was purley focused on the impact, if any, on the partners right of residence if he/she claimed a benefit that he/she was entitled to .

I don't think a 24 hrs work a week emloyment, will deprive someone of the status of migrant worker, which in turn entitles them to social advantage ( Regulation 7(2) 1612/68) or prohibition of discrimination stipulated in Article 24 of the Citizen directive.

It is settled law (Kempf) that someone who works a minimal number of hours, or for wages below the national minimum would qualify for additional support, without this affecting their right of residence. Provided of course the employment in question is effective and genuine.

Wow, now i'm really confused So does that mean that he is not eligible to JSA because i work 30 hours a week? Even though we are on a low income?

he's unlikely to eligible for income based JSA (not from an immigration point of view) if you are working 30 hours a week as your income as a household will be too high. However if your income is very low he may still qualify. Try inputting you info here for a benefits assessment

http://www.turn2us.org.uk/benefits_search.aspx

If he has previously worked he may be eligible for contribution based JSA.

Greenie wrote:

aga85 wrote:

Obie wrote:

86ti wrote: Obviously this can only be income-based JSA. If I understand the rules correctly then the OP's partner would only be eligible if the OP is working less than 24 hours. Wouldn't that be a sign that the couple struggles to support themselves? For a short time that may be harmless but if prolonged I am not convinced that it wouldn't have an impact.

86ti, i am not very knowledgable on eligibility for JSA, but you are right that if the partner is in employment, that exceeds a certain threshold (Possibly the 24 hrs a week) mentioned, she may not be eligible for Income based JSA.

My contribution was purley focused on the impact, if any, on the partners right of residence if he/she claimed a benefit that he/she was entitled to .

I don't think a 24 hrs work a week emloyment, will deprive someone of the status of migrant worker, which in turn entitles them to social advantage ( Regulation 7(2) 1612/68) or prohibition of discrimination stipulated in Article 24 of the Citizen directive.

It is settled law (Kempf) that someone who works a minimal number of hours, or for wages below the national minimum would qualify for additional support, without this affecting their right of residence. Provided of course the employment in question is effective and genuine.

Wow, now i'm really confused So does that mean that he is not eligible to JSA because i work 30 hours a week? Even though we are on a low income?

he's unlikely to eligible for income based JSA (not from an immigration point of view) if you are working 30 hours a week as your income as a household will be too high. However if your income is very low he may still qualify. Try inputting you info here for a benefits assessment

http://www.turn2us.org.uk/benefits_search.aspx

If he has previously worked he may be eligible for contribution based JSA.

Thank you!