Immigrationboards.com

Hi everyone,
I need help!
I married in 21 September 2009 with a EEA from Poland, I am non EEA.
As he is from Poland he was required to be register on WRS, as he did on 30 September 2009, but after 4 years and 1/2 we separated because domestic violence.
For last 5 years he was exercise his right treaty in UK as a worker, so in December 2014 he got his PR, but I didn't apply together because we were separated with no contact, but now he wants to help me because our kids.
Now the problem is since 2010 when my first child born I am receiving child benefit and child tax credit and since 2012 I am receiving carer allowance because my son disability and since I left him I received income support for 6 months but then later it was canceled because my immigration status.
So the new PR application form in section 16 required information about which benefits you are.
So because I have a child with disability he is not going to school so I am full time carer for him and also I have 1, 1/2 yo daughter.
So i am on:
Child benefit= 2010
Child tax credit= 2010
Carer allowance= 2012
Housing benefit= 2014
Council tax= 2014
Income support= June 2014 - December 2014.
It will those benefits affect my claim for PR.
Please help!
What gonna happens if apply and I got refused?
I am so anxious about it.
Many thanks.
Michelle

Could someone help me?

IMHO you are fine.
Separation is NOT a concept under EU free movement rights law. EEA marriage for the purpose of EEA 2006 regulations lasts until divorce. Which is to say, a gavel falls and the judge issues decree final and absolute.
Until then, you are married, and whether you live together or apart or not talk to each other or separate, does not matter.
Benefits do NOT affect your EEA rights other than if you are relying on self-sufficiency (which you are not).
If your husband received a document certifying permanent residence, there is nothing else you need to provide in relation to treaty righrts.
And EEA family members are generally entitled to benefits togetehr with EEA sponsor (now, I am not sure what happens when those are claimed separately in case of separation, but I reckon it won't affect anything anyway).
However you are not REQUIRED BY LAW to provide information on benfits on a PR application form, and it is IRRELEVANT unless self-sufficiency is claimed.
Since your sponsor already has PR, treaty rights are no longer relevant altogether, and so not to confuse some uneducated and poorly trained caseworker, DO NOT fill out this section AT ALL (as well as any other sections that make you uncomfortable).