Immigrationboards.com

So after our successful SS route we came back to the UK in sep 2015 and got the 5 year residents card for my wife in dec 2015 for 5 years, we did our route through Ireland as I had family there and knew Dublin well, we were actually going to stay but then my wife got pregnant whilst we were in Ireland so we try our best to come back to the uk, and then Brexit happened....But my question is not about Brexit but about claiming benefits. we moved in with my folks as after Ireland we had no money we both now have jobs but sadly my folks need to sell there home due to there situation we been trying to get a council house and are on the list but been told because my wife non eu and we came in using the SS route that we are basically entitled to no benefits in the uk even though myself and my son are British the only one we got is the child benefit....we are sadly considering going back to live in my wife country where we could buy a house and come back once my son is older to the uk maybe things will be better in the future..but my question here is does using the SS route give you less rights as a British citizen to housing benefits? calming a council house or tax credits we only looking into this as 1 person income with a child in the UK is very tough and expensive.

Sounds like you failed the habitual residence test.

robsters wrote:So after our successful SS route we came back to the UK in sep 2015 and got the 5 year residents card for my wife in dec 2015 for 5 years, we did our route through Ireland as I had family there and knew Dublin well, we were actually going to stay but then my wife got pregnant whilst we were in Ireland so we try our best to come back to the uk, and then Brexit happened....But my question is not about Brexit but about claiming benefits. we moved in with my folks as after Ireland we had no money we both now have jobs but sadly my folks need to sell there home due to there situation we been trying to get a council house and are on the list but been told because my wife non eu and we came in using the SS route that we are basically entitled to no benefits in the uk even though myself and my son are British the only one we got is the child benefit....we are sadly considering going back to live in my wife country where we could buy a house and come back once my son is older to the uk maybe things will be better in the future..but my question here is does using the SS route give you less rights as a British citizen to housing benefits? calming a council house or tax credits we only looking into this as 1 person income with a child in the UK is very tough and expensive.

Using the SS route does not give you less rights as a British citizen.
A BC should have all access to rights/privileges as a citizen once s/he has re-established himself in UK (according to relevant rules and regulations).

As ohara suggests there is hrt to contend with. Nothing to do with SS.
And hrt would be just as applicable if you had come back from a gig in Dubai or Asia not just EU.

As a returning Brit you don't have to exercise treaty rights so you should be able to rely on benefits with impunity without impacting your spouse.
That would not be the case for a regular EU citizen sponsor who is exercising treaty rights in UK but also claiming benefits in order to survive.

And if you were unfortunate enough to have to rely on the UK domestic migration route (instead of the EU relatively free and easy 'soft option') you would ofcourse have to meet all sorts of financial constraints and requirements (just as thousands of hard-pressed, hard-working Brits with non-EEA families have to do).