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Applied for job seekers allowance but

Posted: Mon Oct 14, 2013 9:37 am
by Ellen357
I have recently applied for a job seekers allowance, but being a family member of EU national, on EEA2 visa, I am in doubt right now. Next year I going to submit my forms for indefinite leave to remain...and then citizenship.

Will this allowance affect my applications !?!?

I am thinking of withdrawing from public funds, is it a good decision ?


Thank you for your advice !

Re: Applied for job seekers allowance but

Posted: Mon Oct 14, 2013 10:19 am
by askmeplz82
Ellen357 wrote:I have recently applied for a job seekers allowance, but being a family member of EU national, on EEA2 visa, I am in doubt right now. Next year I going to submit my forms for indefinite leave to remain...and then citizenship.

Will this allowance affect my applications !?!?

I am thinking of withdrawing from public funds, is it a good decision ?


Thank you for your advice !

ILR : under 10 years rule?

PR : 5 years after marriage

why do you think it will effect your application ?

Posted: Mon Oct 14, 2013 10:40 am
by Ellen357
dear askmeplz82,

I could have already applied for ILR under 10 years...but decided to wait until next summer and apply for Permanent Residence after 5 years of marriage....

however for jobseeking allowance I have applied on the basis that we do not live together...

so,

I guess it is not a good idea

and from what I read in here, job seeking does affect your citizenship application a year after...?

Posted: Mon Oct 14, 2013 11:57 am
by askmeplz82
EEA nationals have a right to reside as a jobseeker if they are looking for work and have a genuine chance of being engaged. Family members of jobseekers also have a right to reside. To have a right to reside as a jobseeker a person needs to be registered with Jobcentre Plus and signing on as available for and seeking work. A person with a right to reside as a jobseeker may claim income-based JSA (which can give entitlement to Housing Benefit and Council Tax Benefit), Child Benefit and Child Tax Credit. Jobseekers may not however claim Income Support, income-related Employment and Support Allowance


Well you are still a family member right but living separate ?

You can claim job seeker allowance and make sure you collect all the evidence that you are actively looking for work.

Yes Home office don't like someone in the job seeker more then 6 months

Posted: Mon Oct 14, 2013 11:57 am
by dalebutt
Ellen357 wrote:dear askmeplz82,

I could have already applied for ILR under 10 years...but decided to wait until next summer and apply for Permanent Residence after 5 years of marriage....

however for jobseeking allowance I have applied on the basis that we do not live together...

so,

I guess it is not a good idea

and from what I read in here, job seeking does affect your citizenship application a year after...?
Claiming JSA will not affect your application for PR or citizenship, what I do not know is if you will have problem claiming on the basis of not living with your spouse.

Posted: Mon Oct 14, 2013 12:03 pm
by askmeplz82
dalebutt wrote:
Ellen357 wrote:dear askmeplz82,

I could have already applied for ILR under 10 years...but decided to wait until next summer and apply for Permanent Residence after 5 years of marriage....

however for jobseeking allowance I have applied on the basis that we do not live together...

so,

I guess it is not a good idea

and from what I read in here, job seeking does affect your citizenship application a year after...?
Claiming JSA will not affect your application for PR or citizenship, what I do not know is if you will have problem claiming on the basis of not living with your spouse.

well under EU law until divorced is finalised a NON EU national is still a family member even if they living separate

Posted: Mon Oct 14, 2013 12:25 pm
by Ellen357
The funniest thing here is that I decided to withdraw my claim, went to jobcentre and cancelled it.

Now this morning I received a letter with following : " I am pleased to tell you that we can pay you jobseekers allowance because you entitlement based on Class 1 National Insurance Contribution- based.

I dont understand.

Yes, with my spouse we are still legally married but we decided to separate, and after PR we will do so legally.

What should I do. Should I receive this contribution based allowance or call them and say that there must be a mistake.

Posted: Mon Oct 14, 2013 12:31 pm
by askmeplz82
Ellen357 wrote:The funniest thing here is that I decided to withdraw my claim, went to jobcentre and cancelled it.

Now this morning I received a letter with following : " I am pleased to tell you that we can pay you jobseekers allowance because you entitlement based on Class 1 National Insurance Contribution- based.

I dont understand.

Yes, with my spouse we are still legally married but we decided to separate, and after PR we will do so legally.

What should I do. Should I receive this contribution based allowance or call them and say that there must be a mistake.

Well you've cancelled it already. Letter send before you cancelled so i believe you have to apply again .

Posted: Mon Oct 14, 2013 1:42 pm
by dalebutt
It is not just under EU laws only, under whatever law, someone isn't divorced until they are officially divorced i.e after a decree absolute has been issued, op said he applied on the basis of living alone I could not confirm is if it will have an impact on his application. It is nothing to do with being divorced.

Posted: Mon Oct 14, 2013 6:48 pm
by Obie
Provided your family member is still exercising treaty rights in an economic capacity, and you are therefore residing in the UK in acordance with the EEA regulation, there is no obvious difficulty to you claiming. If he or she has left or a student or Self-Sufficient, then it is not a very straight forward issue .