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Claiming benifits as eea2 resident card holder
Posted: Mon Feb 11, 2013 3:49 am
by khan.789
Hello guys,
i want to find out my self eea2 resident card holder can apply any benefits?what benefits my wife can apply?is applying benefits will effect my eea4 application?any post of formal information through home office will be appreciated.
My wife is a student atm but looking for the job .many thanks in advance
Posted: Mon Feb 11, 2013 6:45 am
by wiggsy
students cannot typically claim any benefits... (unless they have children etc) - its the same for british people
JOB SEEKERS are considered workers, as long as they HAVE already worked... - so can claim HB, ETC...
if your a non eea national your status is defined by the eea national status... if you can work, its only because your partner is here... if she leaves you should too (6 month absence allowed)
if your entitled to claim anything, it wont affect your EEA4 app, but bear in mind: EEA4 app is (as far as i read it... based on five years residing on ONE basis... = i may be wrong though)
IE: if your partner is here as a student for four years, then a worker for one - i DONT THINK this means s/he qualifies for PR... its a student for 5 yrs or worker for 5... (but im not certain, someone can correct me if im wrong
)
Posted: Mon Feb 11, 2013 8:01 am
by Jambo
wiggsy wrote:if your entitled to claim anything, it wont affect your EEA4 app, but bear in mind: EEA4 app is (as far as i read it... based on five years residing on ONE basis... = i may be wrong though)
IE: if your partner is here as a student for four years, then a worker for one - i DONT THINK this means s/he qualifies for PR... its a student for 5 yrs or worker for 5... (but im not certain, someone can correct me if im wrong
)
You are wrong in that statement. There is no requirement to exercise treaty rights the same way during the 5 years. You can mix employment, study, self sufficiency as much as you like.
In general, if you are a worker, benefits that you are entitled to won't affect your residence status. If you are self sufficient, it might affect your claim to be self sufficient.
Posted: Mon Feb 11, 2013 12:52 pm
by khan.789
Well thanks for your replies..well if my wife starts working what are the minimum hours required?
Posted: Mon Feb 11, 2013 2:26 pm
by Jambo
khan.789 wrote:Well thanks for your replies..well if my wife starts working what are the minimum hours required?
Required for what?
As a general rule 10 hours a week would be enough to be considered a worker for the purpose of EEA regulations but it depends individually.
Posted: Mon Feb 11, 2013 2:44 pm
by Obie
Jambo wrote:khan.789 wrote:Well thanks for your replies..well if my wife starts working what are the minimum hours required?
Required for what?
As a general rule 10 hours a week would be enough to be considered a worker for the purpose of EEA regulations but it depends individually.
Not necessarily, in all cases. The CJEU has stated, amongst other, that the employment must display features, which indicates it is meaningful and effective.
Features such as the entitlement to paid leave, sickness pay, pension scheme, the economic value of the work to the employer, the frequency of the work, the duration of it, are all consideration in the assessment.
Notwithstanding the fact that an employment cannot be dismissed on the basis that it is 10hours, memberstates are entitled to consider other factors, which may indicate that the work is not effective and genuine.
Posted: Mon Feb 11, 2013 3:07 pm
by wiggsy
Jambo wrote:
You are wrong in that statement. There is no requirement to exercise treaty rights the same way during the 5 years. You can mix employment, study, self sufficiency as much as you like.
Thanks for this, There are so many different bits of info throughout the internet. - and my interpretation was that it had to be the same (which I wasnt certain of myself).
So To OP appologies for my misunderstanding of it.
Posted: Mon Feb 11, 2013 3:11 pm
by wiggsy
Obie wrote:Features such as the entitlement to paid leave, sickness pay, pension scheme, the economic value of the work to the employer, the frequency of the work, the duration of it, are all consideration in the assessment.
Notwithstanding the fact that an employment cannot be dismissed on the basis that it is 10hours, memberstates are entitled to consider other factors, which may indicate that the work is not effective and genuine.
interesting... but 10 hrs a week would theoretically get you a code1a stamp at border control and get you "IN" the country? - the burdon of proof after that would be on EU office to refuse the application right (being let into the country on evidence would effectively state that they accept you are an EU national) ?
Posted: Mon Feb 11, 2013 3:38 pm
by sheraz7
Posted: Mon Feb 11, 2013 4:33 pm
by khan.789
Jambo wrote:khan.789 wrote:Well thanks for your replies..well if my wife starts working what are the minimum hours required?
Required for what?
As a general rule 10 hours a week would be enough to be considered a worker for the purpose of EEA regulations but it depends individually.
I meant to say was how many minimum hours required to exercise treaty rights,also i don't want to ukba pick on hours when i apply eea4(PR ) after five years.many thanks
Posted: Mon Feb 11, 2013 6:21 pm
by sheraz7
Obie is saying correct.
And If a person even work less than 10 hours and still can survive then whats the problem is?
Posted: Mon Feb 11, 2013 6:49 pm
by khan.789
sheraz7 wrote:Obie is saying correct.
And If a person even work less than 10 hours and still can survive then whats the problem is?
What you meant by survive?
Posted: Mon Feb 11, 2013 7:13 pm
by sheraz7
not a burden
Posted: Mon Feb 11, 2013 9:55 pm
by nidaulhaque
Well I don't think benefits will be any problem, as even if you work more then 16 hours u can still claim rc credit so still burden ??? They just need a proof that you working does not matter how many hours,
Posted: Mon Feb 11, 2013 10:06 pm
by khan.789
sheraz7 wrote:Obie is saying correct.
And If a person even work less than 10 hours and still can survive then whats the problem is?
What you meant by survive?
Posted: Mon Feb 11, 2013 10:19 pm
by sheraz7
sheraz7 wrote:not a burden
Posted: Mon Feb 11, 2013 10:37 pm
by khan.789
But the thing is if some one claims benefits and if its necessary for them it shouldn't be any problem.
Posted: Mon Feb 11, 2013 11:25 pm
by nidaulhaque
Yes as long as you exercising treat rights
Posted: Mon Feb 11, 2013 11:34 pm
by khan.789
Yes so what are the minimum hours requirement for exercising treaty rights? Because i heard minimum 16 hours i am not sure this is what i heard from one of my mate his solicitor told him.
Posted: Tue Feb 12, 2013 1:37 am
by nidaulhaque
It's not 16 hours don't worry about that, even less then 16 hours will be fine and plus when u apply eea4 you just need to include p60's which does not says how many hours worked
Posted: Tue Feb 12, 2013 7:12 am
by wiggsy
well.. to be able to claim tax credits etc, a couple has to work 30 hrs a week...
this is about 16 hrs each, although, one should work min of 24 hrs a week.
this is considered full time employment in the eyes of hmrc...
the real issue is: UKBA have made no clear evidence, therefore you cant argue "well you said i only need to work 20 hrs to qualify" etc...
each case is assessed seperately...
just ensure your wife is excersising treaty rights, otherwise she is here as a british citizen and therefore you need a proper visa, as per country law.
Posted: Wed Feb 13, 2013 5:20 pm
by khan.789
Well she was 7 years old when she moved back to UK she went for schooling in Europe but it was private,we just got have a report case from that school.. One more thing is going on in my mind which is when i applied for eea2 my wife was working while application was proceeding she turn in to student ,my solicitor in first place didn't tell she needs comprehensive sickness insurance than i found through one of my mate that i actually require CSI For her,i think there is about a month or 2 gapp where she hasn't got sickness insurance ,is it matters? What you meant of new case in addition to surinder sing added ?
Posted: Wed Feb 13, 2013 6:16 pm
by Obie
You wife may not need to exercise treaty rights afterall. She might have secured PR.
Posted: Wed Feb 13, 2013 7:13 pm
by khan.789
Obie wrote:You wife may not need to exercise treaty rights afterall. She might have secured PR.
Oh really Obie can you please elaborate it for me,many thanks