wife applying for Permanent residence card /my working tax credits PR application

chaoscontrol · Post by **chaoscontrol** » Sun Feb 11, 2018 8:25 pm

Hi , I know it is stupid question , sorry for that , but anybody give me a right link for Permanent residence application form to fill up for non EU wife of Dual British/EU citizen (me) please ?
I only can find a 2015 version on Home office`s website, is it still valid ? or there should be another one ?
And do there is a difference which PR app form to fill up for EU and non EU spouses ? She will be applying because her 5 years Resident document is coming to the end .

one more question :
do my wife needs to send all her `exercising Treaty rights` things like payslips/p60`s from the moment she started working in UK or she only need to show to HO that she was living with me all the time from arrival to UK 5 years ago because I am EU citizen ?
Thank you .

secret.simon · Post by **secret.simon** » Sun Feb 11, 2018 8:56 pm

Form EEA(PR) is the same for both EEA citizens and non-EEA family members of EEA citizens. The relevant sections within the form which require to be filled in differ of course.

chaoscontrol wrote: ↑
Sun Feb 11, 2018 8:25 pm
do my wife needs to send all her `exercising Treaty rights` things like payslips/p60`s from the moment she started working in UK

Your non-EEA wife does not need to submit proof of her working in the UK because she does not have Treaty Rights to exercise. Only non-UK EEA citizens can exercise treaty rights (for the purpose of Directive 2004/38/EC) in the UK.

She needs to prove that she resided in the UK as your family member for five years, during which five years you (not her) either exercised treaty rights OR held PR. So, she will need your payslips, etc, not her own.

chaoscontrol · Post by **chaoscontrol** » Sun Feb 11, 2018 9:34 pm

secret.simon wrote: ↑
Sun Feb 11, 2018 8:56 pm
Form EEA(PR) is the same for both EEA citizens and non-EEA family members of EEA citizens. The relevant sections within the form which require to be filled in differ of course.

chaoscontrol wrote: ↑
Sun Feb 11, 2018 8:25 pm
do my wife needs to send all her `exercising Treaty rights` things like payslips/p60`s from the moment she started working in UK
Your non-EEA wife does not need to submit proof of her working in the UK because she does not have Treaty Rights to exercise. Only non-UK EEA citizens can exercise treaty rights (for the purpose of Directive 2004/38/EC) in the UK.

She needs to prove that she resided in the UK as your family member for five years, during which five years you (not her) either exercised treaty rights OR held PR. So, she will need your payslips, etc, not her own.

Thank you for great explanation `secret.simon`.
If you don`t mind one more question :
there is one little problem : 1st.year we had no our own place and was living in the Shared` house where a Landlord (and somebody of the people) was paying all the bills , so we basically don`t have any evidence to show that she lived with me all that time , apart from colledge letter (some 4 months after she arrived to UK) with that old address and a letter from Landlord where he has allowed in writing to me to have my wife to live with me in this house .
Could you advise what we can do to prove that we been living in that house all the time together until we moved to our own place ?
Thank you very much for your time .

chaoscontrol · Post by **chaoscontrol** » Wed Feb 14, 2018 1:47 am

Good day or evening .
My non EU wife is filling Permanent Residence card application form and there is a couple of interesting` questions for which we are struggling to find an answer :

“ Your personal reference numbers
1.22 Home Office reference number(s). Include any registration certificate or residence permit number(s):”

Do this may mean her 5 years Residence document number ? do she need to input a numbers from her residence document or maybe even Family Permit visa to this section ? or what they mean by `registration certificate`?

Another question :
“Section 16 - PUBLIC FUNDS”
My wife receives Child benefit since our baby been born . Do we made a mistake when we arranged this money coming to her bank account and not my?
Do the fact that she is receiving Child benefit on her name could affect her PR application ? If yes – then maybe I can change that by just switching Child benefit to my name ? or that is going to be too late to do now? (she will apply for PR in 1 month time)

The other state benefit applies to me : some 5 or 6 years ago I was receiving working tax credit (around 15 or 20 pounds per week, can`t remember now) . Do my working tax credits may affect her PR application ?

Thanks for your time. Appreciate any advice .

chaoscontrol · Post by **chaoscontrol** » Wed Feb 14, 2018 11:42 pm

Anyone please help ! Do we need to change Child benefit to my name before she will be applying for PR ? or this is worthless now because it is too late ?

She are on 5 years Resident document visa , do this mean she not supposed/not allowed to claim Child benefit ? I just did not know that when we filled up Child benefit app form year ago ..

What we can do to avoid HO to refuse her PR application on basis that she are claiming `public funds`(child benefit) ?
Please , this is very important for us , any advice people ?
Thank you .

chaoscontrol · Post by **chaoscontrol** » Thu Feb 15, 2018 12:51 am

chaoscontrol wrote: ↑
Wed Feb 14, 2018 1:47 am
Good day or evening .
My non EU wife is filling Permanent Residence card application form and there is a couple of interesting` questions for which we are struggling to find an answer :

“ Your personal reference numbers
1.22 Home Office reference number(s). Include any registration certificate or residence permit number(s):”

Do this may mean her 5 years Residence document number ? do she need to input a numbers from her residence document or maybe even Family Permit visa to this section ? or what they mean by `registration certificate`?

Another question :
“Section 16 - PUBLIC FUNDS”
My wife receives Child benefit since our baby been born . Do we made a mistake when we arranged this money coming to her bank account and not my?
Do the fact that she is receiving Child benefit on her name could affect her PR application ? If yes – then maybe I can change that by just switching Child benefit to my name ? or that is going to be too late to do now? (she will apply for PR in 1 month time)

The other state benefit applies to me : some 5 or 6 years ago I was receiving working tax credit (around 15 or 20 pounds per week, can`t remember now) . Do my working tax credits may affect her PR application ?

Thanks for your time. Appreciate any advice .

sorry for my stupidness, just search`ed through the forum and it looks like if you are working or been a worker then you are actually eligible for any benefits including Child benefit (for her) and working tax credits (for me) , is that true ? anyone confirm this please ?
I always been working in UK for 10 years and my non EU wife been working last 4 years out of 5 she lived here with me with barely any gaps if any, since she started to work .
So I assume she may be ok with her PR application and it is not going to be refused on the grounds of `relying on public funds`or similar ?

Unluckyeea2 · Post by **Unluckyeea2** » Thu Feb 15, 2018 8:18 pm

Hi chaoscontol ,
I am in same situation as you are . I am doing lot research and i think there are more people like us who became dual citizens and their non EEA family members got EEA family permit after october 2012 .my family members are due to be 5 years in July and apply for PR . Brexit is coming near and dual citizens are not included in Brexit withdrawl Agreement so time is short for us . Lets all effected dual citizens write a letter ,email or petition to European commission official or local MP to let them know are situation so there could be some outcome that dual citizens are included in Brexit Widthrawl Agreement then we have a time if we have to go to the courts . I just regret what i did without knowly . I came to know this website after becoming stupid and losing all EEa rights but we have hope after Lounes case and lets keep struggle contineu .i wiil keep
updating on this forum . thank you.

chaoscontrol · Post by **chaoscontrol** » Fri Feb 16, 2018 11:50 am

chaoscontrol wrote: ↑
Thu Feb 15, 2018 12:51 am

chaoscontrol wrote: ↑
Wed Feb 14, 2018 1:47 am
Good day or evening .
My non EU wife is filling Permanent Residence card application form and there is a couple of interesting` questions for which we are struggling to find an answer :

“ Your personal reference numbers
1.22 Home Office reference number(s). Include any registration certificate or residence permit number(s):”

Do this may mean her 5 years Residence document number ? do she need to input a numbers from her residence document or maybe even Family Permit visa to this section ? or what they mean by `registration certificate`?

Another question :
“Section 16 - PUBLIC FUNDS”
My wife receives Child benefit since our baby been born . Do we made a mistake when we arranged this money coming to her bank account and not my?
Do the fact that she is receiving Child benefit on her name could affect her PR application ? If yes – then maybe I can change that by just switching Child benefit to my name ? or that is going to be too late to do now? (she will apply for PR in 1 month time)

The other state benefit applies to me : some 5 or 6 years ago I was receiving working tax credit (around 15 or 20 pounds per week, can`t remember now) . Do my working tax credits may affect her PR application ?

Thanks for your time. Appreciate any advice .
sorry for my stupidness, just search`ed through the forum and it looks like if you are working or been a worker then you are actually eligible for any benefits including Child benefit (for her) and working tax credits (for me) , is that true ? anyone confirm this please ?
I always been working in UK for 10 years and my non EU wife been working last 4 years out of 5 she lived here with me with barely any gaps if any, since she started to work .
So I assume she may be ok with her PR application and it is not going to be refused on the grounds of `relying on public funds`or similar ?

just a correction : my wife been only working for the last 3 years out of 5 she lived with me here in UK and year ago she`s been on maternity leave and then back to work again . Somebody could confirm please if she will be ok with her PR application in terms of receiving Child benefit ?
Thank you .

chaoscontrol · Post by **chaoscontrol** » Thu Feb 22, 2018 3:42 pm

chaoscontrol wrote: ↑
Thu Feb 15, 2018 12:51 am

chaoscontrol wrote: ↑
Wed Feb 14, 2018 1:47 am
Good day or evening .
My non EU wife is filling Permanent Residence card application form and there is a couple of interesting` questions for which we are struggling to find an answer :

“ Your personal reference numbers
1.22 Home Office reference number(s). Include any registration certificate or residence permit number(s):”

Do this may mean her 5 years Residence document number ? do she need to input a numbers from her residence document or maybe even Family Permit visa to this section ? or what they mean by `registration certificate`?

Another question :
“Section 16 - PUBLIC FUNDS”
My wife receives Child benefit since our baby been born . Do we made a mistake when we arranged this money coming to her bank account and not my?
Do the fact that she is receiving Child benefit on her name could affect her PR application ? If yes – then maybe I can change that by just switching Child benefit to my name ? or that is going to be too late to do now? (she will apply for PR in 1 month time)

The other state benefit applies to me : some 5 or 6 years ago I was receiving working tax credit (around 15 or 20 pounds per week, can`t remember now) . Do my working tax credits may affect her PR application ?

Thanks for your time. Appreciate any advice .
sorry for my stupidness, just search`ed through the forum and it looks like if you are working or been a worker then you are actually eligible for any benefits including Child benefit (for her) and working tax credits (for me) , is that true ? anyone confirm this please ?
I always been working in UK for 10 years and my non EU wife been working last 4 years out of 5 she lived here with me with barely any gaps if any, since she started to work .
So I assume she may be ok with her PR application and it is not going to be refused on the grounds of `relying on public funds`or similar ?

anyone could advise me on this matter please ? I was searching through this forum, but all people have different working times and diff situations .. it is very important for my non-eu wife's PR application. thousands Thank you.

Unluckyeea2 · Post by **Unluckyeea2** » Fri Feb 23, 2018 1:20 pm

Dear chouscontrol , i am in same situation and i got advice in this forum by senior gurus i am ok with child benefit . my child in non EEA and i am receiving child benefit . i will ask lawyer when we apply PR .THANKS

chaoscontrol · Post by **chaoscontrol** » Wed Feb 28, 2018 1:18 am

thanks for reply Unluckyeea2 , but just to make sure could any guru please confirm that my non eu working wife claiming Child benefit are safe to apply for PR ?
If she will be considered as `relying on public funds` then is it worth changing Child benefit claimant now or is it already too late , cause she will send her application in middle of March.
Do that will help if we change CB to my name ? do we need to do that (to avoid her application to be rejected because she is getting Child benefit) or it is already too late ?

Thank you .

chaoscontrol · Post by **chaoscontrol** » Wed Feb 28, 2018 1:18 pm

Hi, my question is about section 16 (Public Funds) in Permanent residence application form :

my non eu wife working last 3 years out of 5 she is here in UK with me .last 14 months receiving Child benefit on her name as our baby been born in Nov 2017. I am also working in UK for the last 10 years `non stop` and I am EU citizen .

Do she will be considered as `relying on public funds` because of receiving CB on her name ?
if yes then is it worth changing Child benefit claimant now or is it already too late ( she will send her application in middle of March) ?
Do claimant name chenge will help if we change CB to my name ? do we need to do that (to avoid her application to be rejected because she is getting Child benefit) or it is already too late ?

somebody could please clear out this for me ? maybe gurus on here or who knows the law ?

as much as I searched through the forum everyone recommends to have CB on the name of the person who is not affected with residence cards, visas etc. , but that advice is mostly for ILR .

Do that advice also affecting person applying for PR after 5 years resident card ?

Thanks everyone for your help and for chance to be on this informative forum .

mgb · Post by **mgb** » Wed Feb 28, 2018 1:41 pm

Child benefit doesn't fall under 'relying on public funds'.
If she would be over the treshhold she would has to tax it.

Casa · Post by **Casa** » Wed Feb 28, 2018 2:00 pm

mgb wrote: ↑
Wed Feb 28, 2018 1:41 pm
Child benefit doesn't fall under 'relying on public funds'.
If she would be over the treshhold she would has to tax it.

Child Benefit IS a Public Fund:
The following public funds are not available to immigrants in the UK:
Income-based jobseeker's allowance.
Income support.
Child tax credit.
Universal credit.
Working tax credit.
A social fund payment.
Child benefit.
Housing benefit.

@chaoscontrol CB must be claimed in your name only! I suggest you change this as soon as possible.

mgb · Post by **mgb** » Wed Feb 28, 2018 2:14 pm

But it doesn't fall under 'relying on public funds' in regard to PR.
Btw. a family member of a EU citizen is not a immigrant. She doesn't fall under UK immigration law.

Casa · Post by **Casa** » Wed Feb 28, 2018 2:24 pm

mgb wrote: ↑
Wed Feb 28, 2018 2:14 pm
But it doesn't fall under 'relying on public funds' in regard to PR.
Btw. a family member of a EU citizen is not a immigrant. She doesn't fall under UK immigration law.

Thanks...my error. Missed 'PR'.

chaoscontrol · Post by **chaoscontrol** » Wed Feb 28, 2018 3:46 pm

mgb wrote: ↑
Wed Feb 28, 2018 2:14 pm
But it doesn't fall under 'relying on public funds' in regard to PR.
Btw. a family member of a EU citizen is not a immigrant. She doesn't fall under UK immigration law.

mgb.not heard from you for a while! Firstly big Thanks for promt answer. I appreciate your correction to Casa.
Casa thank you for trying to help me !

So what do I need to do now - just leave it as it is ?she will just apply for Perm resident card with Child benefit on her name ? no need to change it to my name then ?

Thanks again for your useful advice. It is great to have some practical advice from law educated people on this forum .

CR001 · Post by **CR001** » Wed Feb 28, 2018 4:12 pm

Topics Merged (click)
Kindly keep all questions on the same application in one topic.

chaoscontrol · Post by **chaoscontrol** » Wed Mar 07, 2018 8:54 pm

chaoscontrol wrote: ↑
Wed Feb 28, 2018 3:46 pm

mgb wrote: ↑
Wed Feb 28, 2018 2:14 pm
But it doesn't fall under 'relying on public funds' in regard to PR.
Btw. a family member of a EU citizen is not a immigrant. She doesn't fall under UK immigration law.
mgb.not heard from you for a while! Firstly big Thanks for promt answer. I appreciate your correction to Casa.
Casa thank you for trying to help me !

So what do I need to do now - just leave it as it is ?she will just apply for Perm resident card with Child benefit on her name ? no need to change it to my name then ?

Thanks again for your useful advice. It is great to have some practical advice from law educated people on this forum .

could anybody finally confirm for me please : `no need to change Child benefit to my name then ? just leave it as it is - Child benefit on HER name and she just fill Permanent residence application and show that she is receiving Child benefit ?

as I understood from `mgb` words : Child benefit on her name will not affect her Permanent residence application ? or am I wrong ?

Thousands Thank you to anyone replying to me and for your valuable time . Your advice will be appreciated .
and massive thanks to this forum for all the help .

Wise · Post by **Wise** » Thu Mar 08, 2018 2:52 pm

It will not affect it as anyone can apply for it except housing benefit for only eu national.

chaoscontrol · Post by **chaoscontrol** » Fri Mar 09, 2018 1:39 pm

Hello,

my wife is filling Perm residence application .
I am her sponsor and I was receiving working Tax credit for a 3 years out of 5 of which she lived with me . She was not working on that time and it was based on my only income (15 thousand a year) . It was around 12-15 pounds per week .
The applications for WTC been filled on our both names , but working tax credits was paid on my bank account only and on my name .

the questions are :
1. Do I need to send all the piles of papers I found in the old cardboard boxes to confirm these working tax credit payments ? or they will know anyway (see all that info in their `system`)

2. Will my working tax credits affect her Permanent residence application ?

I am worried that they been on our both names when we filled the work tax credit applications/forms and in the letters they send to us later to confirm payments , but the payments was coming to my bank account only ...

Please educated people on here - could you advice us in this matter ? Appreciate your time . Thank you .

CR001 · Post by **CR001** » Fri Mar 09, 2018 1:45 pm

Topics Merged (click)

chaoscontrol · Post by **chaoscontrol** » Fri Mar 09, 2018 1:57 pm

sorry forgot : I was already having PR card on the time when I was receiving these working tax credits. I am EU. wife Non EU. Thank you

chaoscontrol · Post by **chaoscontrol** » Fri Mar 09, 2018 3:36 pm

does the fact that I had permanent residence document already when receiving working tax credits is changing anything ?
do my wife still need to send all the paperwork showing I was receiving working tax credits 3 years ago ?
or just 'ticking the box in "benefits" section in PR app form will be enough ?

and finally will it negatively affect her PR application ?

Massive Thanks anyone for advice. sorry to bother you so much and taking your time . I completely forgot that I was receiving WTC some years ago due to our baby been born, the house move etc..

chaoscontrol · Post by **chaoscontrol** » Sun Mar 11, 2018 5:56 pm

anybody able advice me please on this :

1.does the fact that I had permanent residence document already when receiving working tax credits is changing anything ( in terms of how my tax credits could affect her PR application keeping in mind that Working tax credit form been filled in our both names ) ?

2.do my wife still need to send all the paperwork showing I was receiving working tax credits 3 years ago ?
or just 'ticking the box in "benefits" section in PR app form will be enough ?

3. will these working tax credits ( from 3 years ago ) which been paid to me and on my bank account negatively affect her PR application ?

Thank you very much in advance . Appreciate any help in form of advice .

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