ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

5yrs residence card

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

5yrs residence card

Post by elvina » Wed May 26, 2010 9:50 pm

please i want to ask if i can apply income support and housing benefit without my eea husband cos we are seperated and am selfemployed.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: 5yrs residence card

Post by Wanderer » Thu May 27, 2010 6:26 am

elvina wrote:please i want to ask if i can apply income support and housing benefit without my eea husband cos we are seperated and am selfemployed.
If you are separated haven't you lost the right to remain here?
An chéad stad eile Stáisiún Uí Chonghaile....

elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

to guru

Post by elvina » Thu May 27, 2010 11:16 am

if the law says i should leave then i will leave cos there are things u cant compromise.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: to guru

Post by Wanderer » Thu May 27, 2010 11:19 am

elvina wrote:if the law says i should leave then i will leave cos there are things u cant compromise.
How long are you married and how long in UK? Also is the husband still in UK and are there any plans for divorce?
An chéad stad eile Stáisiún Uí Chonghaile....

elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

Post by elvina » Thu May 27, 2010 11:24 am

i have been in uk 4 2yrs and the marriage has lasted for 2yrs with 14months baby and am pregnant now.
no plans for divorce now is just temporay.cos we need to sort ourselves out.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Thu May 27, 2010 11:51 am

elvina wrote:i have been in uk 4 2yrs and the marriage has lasted for 2yrs with 14months baby and am pregnant now.
no plans for divorce now is just temporay.cos we need to sort ourselves out.
Well the reality is it's difficult to prove you are or aren't still a couple here from a legal point of view, so I think you can hang on. Claiming benefits will tip the balance tho in my view, implication there being that your husband isn't supporting you thereby the marriage is over.

To retain right of residency you need to have had three years marriage, one in UK, as you don't fulfil that at the moment really you've got everything to lose. What does the husband say - especially regarding the child and access?
An chéad stad eile Stáisiún Uí Chonghaile....

elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

Post by elvina » Thu May 27, 2010 1:58 pm

i will go ahead and make the claim if work and pension give a good decision.that means am entitle,i remember the case of somalia woman.am not in uk just to work without getting any benefit.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Fri May 28, 2010 6:22 am

elvina wrote:i will go ahead and make the claim if work and pension give a good decision.that means am entitle,i remember the case of somalia woman.am not in uk just to work without getting any benefit.
Work and Pension don't know the immigration rules tho.
An chéad stad eile Stáisiún Uí Chonghaile....

elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

Post by elvina » Fri May 28, 2010 3:59 pm

i dont think so,what do you think about somali woman and harrow council.i ve make all the necessary enquiries.
if it work for somail woman the husband is not exercising treaty right in uk.i believe am better that her cos i work and pay tax.dsame to my husband.

mrlookforward
BANNED
Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Sat May 29, 2010 12:16 am

I havent carfully read the judegement about this somali lady, but it seems that because OPs kids are eu citizens exercising treaty rights, she will have access to the benefits. What implication does this have on her immigration matter is another matter. I think a legal expert will have to carefully look at chen case and the case of this somali lady to provide a precise answer.

mrlookforward
BANNED
Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Sat May 29, 2010 12:21 am

Actually, I just found something

A Somali woman with children in London schools has won a test case to claim benefits even if she is "a burden on the social assistance system".

Nimco Hassan Ibrahim took her case to the European Court of Justice when she was turned down for housing benefit by Harrow Council in north-west London.

The judges ruled that a parent with children "in education in the host member state has a right of residence".

The judges added that Mrs Ibrahim's right is "not conditional".

The judges ruled: "A parent caring for the child of a migrant worker who is in education in the host Member State has a right of residence in that State.

"That right is not conditional on the parent having sufficient resources not to become a burden on the social assistance system."


But here the judgement is about when eu citizen children are in education. OPs child is 14 months old and not in education, so I dont think she can rely on this judgement.

elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

Post by elvina » Sat May 29, 2010 7:54 pm

pls can i understand where the law will affect my residence,i work and pay tax.as well as my husband.we are not divorce,just temp seperated to put things in right position.
if council and work/pension make decision on my claim and grant me those benefits i believe they know the law themselves.

mrlookforward
BANNED
Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Sat May 29, 2010 8:40 pm

elvina wrote:pls can i understand where the law will affect my residence,i work and pay tax.as well as my husband.we are not divorce,just temp seperated to put things in right position.
if council and work/pension make decision on my claim and grant me those benefits i believe they know the law themselves.
Actually no. If council and work and pension make a decision, that is not an excuse for you. Even government departments can mistake, and it was you who got the visa from UK home office, so you always remain responsible.

Your separation from your husband wont have a negative impact on your residence rights as long as he is still in UK and still exercising his treaty rights. If at any point he leaves UK to live somewher else, or stop exercising treaty rights, then you will also loose your treaty rights automatically.
You are confusing yourself as being in the same situation as that somali lady. Your situation is different. Her kids were in full time education, and this gave her right to residence. Your kid is not in education, cant rely on that judgement.
Plus there is another thing to keep in mind. There are many benefits that you can only apply jointly with your partner. I really suggest that if possible, you should get help from a good immigration advisor, who is well versed with eu immigration regulations.
Remeber, you must be living in UK for minimum 3 years with your husband exercising treaty rights to retain your right of residence. And the responsibility to provide prood of your husband exercising treaty rights will be on your shoulders. You cant just say that you dont have any proof and still claim right of residence.

elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

Post by elvina » Sat May 29, 2010 9:27 pm

now i understand,maybe if i want to apply for ILR homeoffice will know i ve been on benefit or i should be the one to let them know now.
anyway my marriage is registered in my husband consulate when we applied for passport for my child.
and am due to a apply for eu passort by feb 2011 according to their consulate.i ve checked and go to cab office they said am entitled.

elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

Post by elvina » Sat May 29, 2010 9:30 pm

what have is 5yrs residence card not a visa,there is nothing like no recourse to public fund in the remark.am getting maternity allowance how about that.

mrlookforward
BANNED
Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Sat May 29, 2010 9:40 pm

Well, if you know you have got everything right, then why are you asking questions on this forum?
That 5 years permit is not worth the paper its printed on, if your husband stops exercising treaty rights.

There is no point asking a question and when someone replies you start arguing with them.
I shall not make any further comments to your posts

elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

Post by elvina » Sat May 29, 2010 9:49 pm

i have everyright to ask question ok.the forum is not for ur father.so dont be rude.am not a coward,u have to argue on some topics and know the implications ok.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Sun May 30, 2010 6:06 am

elvina wrote:now i understand,maybe if i want to apply for ILR homeoffice will know i ve been on benefit or i should be the one to let them know now.
anyway my marriage is registered in my husband consulate when we applied for passport for my child.
and am due to a apply for eu passort by feb 2011 according to their consulate.i ve checked and go to cab office they said am entitled.
There's no such things as an 'EU Passport'....

CAB is the worst place to go for Immigration advice....
An chéad stad eile Stáisiún Uí Chonghaile....

elvina
Newly Registered
Posts: 23
Joined: Fri Nov 13, 2009 9:01 pm

Post by elvina » Sun May 30, 2010 10:54 am

EEA family members
Are you an EEA family member?
For EEA nationals who are working or self-employed, a family member is defined as:

•husband or wife - they must be married rather than just cohabitees
•civil partner
•direct descendants (children, grandchildren etc) of person or their spouse or civil partner who are either under 21 or who are dependant on him/her or on the spouse or civil partner (for example, because disabled or studying)
•dependent direct relatives of the person of their spouse or civil partner in the ascending line ( ie parents/ grandparents)
•an extended family member who has been issued with an EEA family permit: this includes dependant family members not covered by the lists above, cohabitees in a “durable relationshipâ€

Locked
cron