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Good day all,it have a question.i applied for an eea2 residence card 22 august 2013,received my coa first week of September with a right to work & my wife is 5 months pregnant also.
My question is my wife who is an EU national was on job seekers allowance,child benefit (daughter from previous marriage is autistic ) & housing benefit but she got & started working June 2013 this year.she has stopped recieving job seekers allowance but is still recieving housing benefit even though she's has been on a job now through an agency since June 2013,will recieving housing benefit have an impact on my application??will she working through an agency & still receiving housing benefit classify as not exercising treaty right??should she give up on ALL BENEFITS ASAP??your feedback will be appreciated.....

westgate on sea wrote:Good day all,it have a question.i applied for an eea2 residence card 22 august 2013,received my coa first week of September with a right to work.
My question is my wife who is an EU national was on job seekers allowance,child benefit (daughter from previous marriage is autistic ) & housing benefit but she got & started working June 2013 this year.she has stopped recieving job seekers allowance but is still recieving housing benefit even though she's has been on a job now through an agency,will recieving housing benefit have an impact on my application??will she working through an agency & still receiving housing benefit classify as not exercising treaty right??should she give up on ALL BENEFITS ASAP??your feedback will be appreciated.....

An EEA national claiming benefits in the UK would continue to be considered a qualified person if they were:

A worker in receipt of top-up funds or tax credits for low income

Applications should be refused where there is overwhelming evidence that the parent(s) is dependent on public funds. For example, a person would not be considered as exercising Treaty rights if he/she was working only a few hours per week and reliant almost totally on public funds.

Where a person is in full-time employment and claiming child benefit or a working family/child tax credit, this would not count against a claim.

Thanks,she is presently working & 16/18 hours a week & I have been & still on a job earning £1,400 a month,what is your advise on what should be done ASAP so as not to jeopardise the success of the application because 22nd of October 2013 will make the application 2months with home office....thanks

westgate on sea wrote:Thanks,she is presently working & 16/18 hours a week & I have been & still on a job earning £1,400 a month,what is your advise on what should be done ASAP so as not to jeopardise the success of the application because 22nd of October 2013 will make the application 2months with home office....thanks

As your EEA family member is exercising treaty rights, you're not subject to immigration control and have the right to reside. In turn you can claim benefits. Tax credits must be a joint claim if you're part of a couple.

Thanks a lot but please one more question.
My eu national wife working 13 hours a week through an agency,does it classify as exercising treaty right as I have sent in my application for eea2 residence card,will this count against my application (no of hours she's working per week???)

westgate on sea wrote:Thanks a lot but please one more question.
My eu national wife working 13 hours a week through an agency,does it classify as exercising treaty right as I have sent in my application for eea2 residence card,will this count against my application (no of hours she's working per week???)

that's fine.....

please check here : Case law - Definition of workers

http://ec.europa.eu/social/main.jsp?cat ... ageId=1221