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ADVISE APPRECIATED: Benefits stopped for Non EEA national.

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

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oraake
Newbie
Posts: 41
Joined: Sun Feb 17, 2008 5:45 pm

ADVISE APPRECIATED: Benefits stopped for Non EEA national.

Post by oraake » Sat Jan 02, 2016 1:16 am

Hello everyone.

I was wondering if anyone could advise me on this issue. The details are stated below;

Non eea national of eea national has finished 5 yrs continuous stay with her sister - the eea national. The Non eea national applied for the PR and was refused. The non eea national appealed but lost. However, the determination of the courts was that the non eea national is indeed a family and household member of the eea national but due to lack of documents presented by non eea national the court stated that the non eea national was not totally dependent on the eea national etc etc !!! There is no deportation or removal in this case and non eea national is still allowed to live in the UK.

The non eea national is a single mom who has 2 kids (9 & 5 yr olds) and was receiving working and child tax credits but these have been stopped as the HMRC requested the non eea national's passport which is still with HO but the COA was sent and HMRC refused to accept this as proof of the non eea's recourse to public funds even though these have been paid for the past 3-4 years.

The weekly child benefits have also been stopped as HMRC requests to see the kids birth certificate wanting to know if the were born in the UK ( they were both born in the UK). The birth certificates has been sent to HMRC a few days ago and a response is being awaited.

Can any esteemed member please offer any advise on the non eea's eligibility to keep receiving working & child tax credits and child benefits (can you kindly provide links to any legislation)

Also, has there is no deportation or removal, is the non eea national still legally able to continue in employment ? This is because the work place requires to see the non eea national's passport or right to work.

Your great response(s) is/are greatly valued

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: ADVISE APPRECIATED: Benefits stopped for Non EEA nationa

Post by noajthan » Sat Jan 02, 2016 2:47 pm

oraake wrote:Hello everyone.

I was wondering if anyone could advise me on this issue. The details are stated below;

...

Can any esteemed member please offer any advise on the non eea's eligibility to keep receiving working & child tax credits and child benefits (can you kindly provide links to any legislation)

Also, has there is no deportation or removal, is the non eea national still legally able to continue in employment ? This is because the work place requires to see the non eea national's passport or right to work.

Your great response(s) is/are greatly valued
My understanding is that, as an extended family member (of EEA national), the lady requires a valid Family Permit or valid Residence Card in order to remain with a right to reside in UK.
If she does not have either of these she should look into applying for one or other.
(RC seems most obvious as she is already in UK).

fyi - this HO guidance covers PR applications for extended family members & details the requirements to be met:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 31+

The lady also appears to be the parent of 'children in education'.
This may confer some derivative rights of residence (in UK) & rights to benefits although I don't know much about it - suggest seek speciaiist advice on that.

See http://www.housing-rights.info/EEA-chil ... cation.php

See also CAB information:
https://www.citizensadvice.org.uk/benef ... -benefits/
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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