Impact of claiming JSA on future EEA residence right

[armandk]

I am an EEA national with permanent residence and my wife is a non-EEA citizen who has been granted an EEA residence card (valid for 5 years) as the spouse of an EEA national. My wife is currently a full-time university student.

I have lost my job and am intending to seek income-based jobseeker’s allowance.

Is there any impact to my wife’s status if we claim income-based jobseeker’s allowance? Would it make it more difficult for her to claim PR after having spent 5 years in the UK as my spouse (because she was seeking social assistance)? Would this history cause any difficulties to her after I naturalise (which I intend to do in 1 year)?

[Petaltop]

I am an EEA national with permanent residence and my wife is a non-EEA citizen who has been granted an EEA residence card (valid for 5 years) as the spouse of an EEA national. My wife is currently a full-time university student.

I have lost my job and am intending to seek income-based jobseeker’s allowance.

If you have been working in the UK and paid enough NICs over the last two relevant tax years, you will claim Contribution based JSA (CBJSA). CBJSA is not a public fund. This would give you full CBJSA for a mazimum of 6 months, regardless of household income, savings, capital.

If you were claiming Income based JSA (IBJSA) then your wife's student loans and grants ect would be counted as part of your household income (even if she didn't take these) when your claim was calculated.

Would it make it more difficult for her to claim PR after having spent 5 years in the UK as my spouse (because she was seeking social assistance)?

As a student, your wife is not allowed welfare payments as her loans, grants, ect are for her to live on. Students work if they need more money. It is more likely that your IBJSA claim would be refused or reduced, because your wife will be expected to keep you too with her student loans and grants while you look for work.

Would this history cause any difficulties to her after I naturalise (which I intend to do in 1 year)?

As a student, your wife mustn't claim and you must not take extra benefits for her. It would cause difficulties for you with UK citizenship if you were tempted to obmit your wife's student status. The benefits offices data match and it is fraud to lie to get benefits.

[armandk]

Petaltop, thank you very much for your thorough response.

Just two angles that I wanted to clarify:

First, if I claim benefits for us as a couple (which the online JSA form more or less requires me to do) but disclose that she is a full-time student (and all the other relevant details), do I commit something wrong?

Second, as either the spouse of an EEA PR, or spouse of a British citizen, does my wife have any less (or more limited) recourse to public funds than she would if she were a British citizen herself? I.e. do the limitations that you mention apply to everyone, or only to non-citizens?

(For what it's worth, my wife has tuition fees of around 17 thousand per year and no loans, grants, etc -- not eligible as she has not been in the UK for 3 years prior to starting her course.)

Thanks again

[Petaltop]

Petaltop, thank you very much for your thorough response.

Just two angles that I wanted to clarify:

First, if I claim benefits for us as a couple (which the online JSA form more or less requires me to do) but disclose that she is a full-time student (and all the other relevant details), do I commit something wrong?

You must declare your wifes full time student status, but you can't take any benefits for her as she is a full time student and students are not allowed income based benefits.

As said above, there are 2 types of of JSA and different rules for the claimants. Have you been working and contributing (paying NICs) over the last 2 relevant tax years?

If you haven't been contributing to the UK you can apply for Income Based JSA. You still mustn't take any benefits for your student wife, but any income and capital she has will be used in the calculation for your benefits.

Second, as either the spouse of an EEA PR, or spouse of a British citizen, does my wife have any less (or more limited) recourse to public funds than she would if she were a British citizen herself? I.e. do the limitations that you mention apply to everyone, or only to non-citizens?

It's the benefit rules for British students. EEAs and their partners can't have more benefits from the UK than Brits.

(For what it's worth, my wife has tuition fees of around 17 thousand per year and no loans, grants, etc -- not eligible as she has not been in the UK for 3 years prior to starting her course.)

How is she keeping herself? Is she getting the fees from her own countries student system? Or paying her course fees from hers or your savings?