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Non-EEA family member reaches pension age

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

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Cookie0801
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Posts: 35
Joined: Tue Jan 28, 2020 1:11 pm

Non-EEA family member reaches pension age

Post by Cookie0801 » Sun Feb 09, 2020 5:23 pm

Hi,

What is the situation of a non EEA citizen (FM) who came to the UK on a family permit and worked two years before reaching pension age. They have pre settled status.

Can they apply for pension? And will this affect their application for settled status in about three years time? They still live together with their sponsor but as I said, the non EEA started working 16hrs a week soon after they arrived in the UK

I have read that family members of EEA citizens who reach pension age can qualify for settled status sooner than the 5 years. Is that also applicable if the non EEA is the one who reaches pension age.

Thanks

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Non-EEA family member reaches pension age

Post by secret.simon » Sun Feb 09, 2020 6:11 pm

Cookie0801 wrote:
Sun Feb 09, 2020 5:23 pm
I have read that family members of EEA citizens who reach pension age can qualify for settled status sooner than the 5 years. Is that also applicable if the non EEA is the one who reaches pension age.
No. It is the EEA citizen that needs to have ceased activity (i.e. reached pension age). The Non-EEA citizen reaching pension age has no impact on settled status.
Cookie0801 wrote:
Sun Feb 09, 2020 5:23 pm
Can they apply for pension?
If you are asking about the State Pension, they need to have National Insurance contributions or tax credits for at least ten years before being able to apply for State Pension. And even then, they will not be eligible for a full State Pension unless they have National Insurance contributions or credits for at least 30 years.

Check your State Pension

Basic State Pension for those born before 1951(men)/1953(women).

New State Pension
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Zynmalikkkk
Newbie
Posts: 39
Joined: Tue Dec 17, 2019 7:31 pm

Re: Non-EEA family member reaches pension age

Post by Zynmalikkkk » Sun Feb 09, 2020 9:49 pm

What about pension credit if no no contribution have been made?

Zynmalikkkk
Newbie
Posts: 39
Joined: Tue Dec 17, 2019 7:31 pm

Re: Non-EEA family member reaches pension age

Post by Zynmalikkkk » Sun Feb 09, 2020 9:52 pm

Cookie0801 wrote:
Sun Feb 09, 2020 5:23 pm
Hi,

What is the situation of a non EEA citizen (FM) who came to the UK on a family permit and worked two years before reaching pension age. They have pre settled status.

Can they apply for pension? And will this affect their application for settled status in about three years time? They still live together with their sponsor but as I said, the non EEA started working 16hrs a week soon after they arrived in the UK

I have read that family members of EEA citizens who reach pension age can qualify for settled status sooner than the 5 years. Is that also applicable if the non EEA is the one who reaches pension age.

Thanks
They should be able to apply pension credit if they have not paid enough contribution.

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Non-EEA family member reaches pension age

Post by secret.simon » Sun Feb 09, 2020 10:51 pm

A detailed guide to Pension Credit for advisers wrote:How to apply
The easiest way for your customer to apply is by telephone.
Customers can call on:
• freephone 0800 99 1234
• freephone 0800 169 0133 (textphone)
Lines are open Monday to Friday from 8am to 6pm.
Also speak to Citizens Advice Bureau.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Cookie0801
Newbie
Posts: 35
Joined: Tue Jan 28, 2020 1:11 pm

Re: Non-EEA family member reaches pension age

Post by Cookie0801 » Mon Feb 10, 2020 12:46 pm

Okay, thank you both for clarifying that. Really appreciate it.

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