Seperated Non-EEA family member claiming benefits

Am a separated spouse of an eea national, we've been married for almost 5yrs and December this year 2015 will make it 5yrs we've been married and we have a 2yrs old son. We've been married for more than 4yrs and lived together for more than 4yrs too.
Now I want to know my right to benefits, can I claim housing benefit and working tax credit? I know they said we shouldn't be a burden to public funds to be honest I don't understand that part. I went to citizen advice bureau today and was advice that I have retained right of residence and can claim what ever benefits I want. But my lawyer said I shouldn't coz it might affect me when am applying for my pamanent residence. I really don't know what to do and since he moved out it been a bit difficult with the rent and me working and paying child care. Please can someone advice me on what to do please.

My advice for is to wait until you actually receive the confirmation of your Retained Right of Residence, then as long as you're working you can make a claim except housing /job seeker benefit as these will make you become a burden.

When you're making your ror application,make sure you get the treaty right of your wife up till the time of divorce otherwise the application will be refused

Good luck

nicelady190 wrote:Am a separated spouse of an eea national, we've been married for almost 5yrs and December this year 2015 will make it 5yrs we've been married and we have a 2yrs old son. We've been married for more than 4yrs and lived together for more than 4yrs too.
Now I want to know my right to benefits, can I claim housing benefit and working tax credit? I know they said we shouldn't be a burden to public funds to be honest I don't understand that part. I went to citizen advice bureau today and was advice that I have retained right of residence and can claim what ever benefits I want. But my lawyer said I shouldn't coz it might affect me when am applying for my pamanent residence. I really don't know what to do and since he moved out it been a bit difficult with the rent and me working and paying child care. Please can someone advice me on what to do please.

Are you working at present, and is the EEA national exercising treaty rights?

How old is the child, and is he/she in education?