can Non-EU Family members of EU national claim housing or working tax credit ?

[robin12345]

Hi all,

My wife is Eu national and she just sponsored my parents which are non Eu so i was wondering if my parents as being non Eu but family member of EU do they right to claim public funds or working tax credit or anything ?

[Casa]

Hi all,

My wife is Eu national and she just sponsored my parents which are non Eu so i was wondering if my parents as being non Eu but family member of EU do they right to claim public funds or working tax credit or anything ?

Your wife as the EEA sponsor was required in the application to submit:
Evidence of financial dependency before and after coming to the UK

She also had to state that she has sufficient funds to continue to support your parents without them becoming a burden on the State (Public Funds).

If either of your parents are working in the UK and are financially self-sufficient they will no longer be dependent on your wife.

Why would they be claiming Housing Benefit if they are living in your household as they are required to do as extended family members dependent on your wife

[robin12345]

for them to work part time is not a problem that's why i was wondering if they could claim working tax credit and being dependent on us doesnt necessary mean they have to live with us so than housing question comes.

[obormot]

..
She also had to state that she has sufficient funds to continue to support your parents without them becoming a burden on the State (Public Funds).
..

This is not true. Nowhere in EEA2 application sponsor is required to demonstrate, or even to state, that they have any funds to maintain dependents or to promise those dependents would not become a burden on the state.

Currently, when applying for PR, they would have to demonstrate that they for 5 years relied on sponsor’s support to meet their essential needs. So if amount of benefits received and/or income from work etc. is large enough, it would be difficult.
(We decided against claiming ANY benefits for a dependant parent in our case)

However, it is also tricky, as they have to show that they are EITHER dependent financially on the sponsor (and then are treated as direct family members) OR live in the same household with sponsor (and then they are treated as extended family members)

Yet, Brexit is approaching, with its settled and pre-settled statuses, which follow rather more lax rules as it seems..

[Casa]

Note:
"Immigration control
If you're subject to immigration control, you can't claim benefits. Making a claim may affect your right to stay in the UK.

This may be the case if you:
need permission to enter or remain in the UK but don't yet have it
have permission to enter or remain in the UK only if you don't claim benefits or use other public services
were given permission to enter or remain in the UK because someone formally agreed to support you."

[robin12345]

"Immigration control
If you're subject to immigration control, you can't claim benefits. Making a claim may affect your right to stay in the UK.

firstly
is family member of EEA national is subject to immigration control ?

[Casa]

"Immigration control
If you're subject to immigration control, you can't claim benefits. Making a claim may affect your right to stay in the UK.

firstly
is family member of EEA national is subject to immigration control ?

Yes, until they are granted PR.