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Good Morning,

I moved to the UK in 19.May 2011. Since then I am working. Now I am living with my partner and with our baby. I am on maternity leave. Both of us from Hungary.
We are receiving Housing benefit and Child benefit/tax credit from the previous month.
I would like to apply for the permanent resident card. does any of the mentioned benefit affect my claim?
Should I claim one for my baby as a family member or he will get it automatically.
We are not married, if my partner wouldnt like to apply for the resident card is it a problem?

Thank you very much for your help in advance

zsofi1985 wrote:Good Morning,

I moved to the UK in 19.May 2011. Since then I am working. Now I am living with my partner and with our baby. I am on maternity leave. Both of us from Hungary.
We are receiving Housing benefit and Child benefit/tax credit from the previous month.
I would like to apply for the permanent resident card. does any of the mentioned benefit affect my claim?
Should I claim one for my baby as a family member or he will get it automatically.
We are not married, if my partner wouldnt like to apply for the resident card is it a problem?

Thank you very much for your help in advance

Who is EEA sponsor here? Is it you?

Hungary is an A8 country. Did you register for WRS? Or did you only start work in 2011 after it had ended?

What is nationality of partner? EEA or non-EEA?
Unmarried partners (extended family members) have to have a RC before they can apply for confirmation of PR.

Where was baby born? DoB? nationality?
A dependent child will need 5 years residence before acquiring PR (same as for dependent adults).

Both of us from Hungary. The WRS was ended by that time we came in.
Our son was born in November.2015. His nationality is Hungarian because we hadnt got the 5 years when he was born.

zsofi1985 wrote:Both of us from Hungary. The WRS was ended by that time we came in.
Our son was born in November.2015. His nationality is Hungarian because we hadnt got the 5 years when he was born.

Good, so no WRS nonsense then.

If you are the sponsor and now on maternity leave you will need evidence about that in order to retain your previous worker status.

If one partner is going to be the sponsor for the other partner then the dependent EFM should be holding an EFM RC.

Your son won't have acquired PR yet, you can apply for a FM RC for him though.
That may be useful if UK government introduces any transitional arrangements in the future (for the final exit strategy from EU).

Thanks a lot, the only thing what I dont really understand, why do I need a sponsor ?

zsofi1985 wrote:Thanks a lot, the only thing what I dont really understand, why do I need a sponsor ?

If applying in own right applicants don't need a sponsor.

If a partner chooses (or has) to apply as a family member then the other EEA partner is their sponsor.
Depends if they exercised treaty rights in their own right or not.

Just only me who would like to apply. So in this case I dont need any sponsor. Am I right?
How should I proof I am going back to work if my maternity will end in October. Is any of the above mentioned benefits could be a problem?

zsofi1985 wrote:Just only me who would like to apply. So in this case I dont need any sponsor. Am I right?
How should I proof I am going back to work if my maternity will end in October. Is any of the above mentioned benefits could be a problem?

If you had a sponsor, you wouldn't need to prove that you were on maternity leave; you would be covered by the fact that your sponsor has been exercising treaty rights during the period. Now, if you were married to your partner, he would automatically be your sponsor. If you aren't married, as your choice of words suggests, and have not obtained a residence card as a family member of your partner (and so doing would be unusual seeing as you are Hungarian), you have to prove that you have been exercising treaty rights. I'm afraid I haven't really answered the second part of your question.

zsofi1985 wrote:Just only me who would like to apply. So in this case I dont need any sponsor. Am I right?
How should I proof I am going back to work if my maternity will end in October. Is any of the above mentioned benefits could be a problem?

If applying in own right as a qualified person you don't need a sponsor.

If applying now you will need to show you are a worker who has retained worker status whilst being on maternity leave.
You can't apply on the basis that you will be working in a few months time.
You will have to submit good supporting evidence of your previous work and also details of current maternity leave (for example, letter from employer, proof and details of maternity pay & etc) to support your case.

Workers are quite entitled to claim the means-tested benefits they are entitled to as long as they don't become a burden on the social assistance system of our poor benighted country.

btw - its too early for baby to be included in your application.
Strongly suggest it would be worthwhile getting baby a FM RC; that may prove to be handy in case of any future transitional arrangements if/when UK finally exits UK as clearly baby won't have time to acquire PR in the normal way (or by you retiring etc).

Are you sure partner is not dependent on you? is partner exercising treaty rights in their own right?
If not (& they have an EFM RC) then suggest shoot for their DCPR too, on the back of your application.