ESC
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I'm not sure if this is entirely accurate. I'm here on a residence card, my husband is employed, and we receive working/child tax credits along with the child benefit. This was something we checked and double checked before applying and were told it was absolutely ok. The applications were made jointly and it's paid into my husband's bank account.Idid apply for EAA1+EAA2 4 months ago, I asked my solicitor a while ago about the same issue, he confirmed that only child benefit is ok! DO NOT GET CLOSE TO ANY OTHER BENEFITS!!!! access to public finds is no good for the both of you!
I agree, you should have nearly the same rights as British citizens. It does depend on how long you have been here, though. The first 3 months you are not eligible for benefits. I am not sure when you can apply for which kind of benefits, but I think after 1 year you should have access to most. After 5 years (with PR) you have officially equal rights.scimo wrote:i think, as a national of EEA i have rights to gat all Benifits.
Thank a lot.thsths wrote:I agree, you should have nearly the same rights as British citizens. It does depend on how long you have been here, though. The first 3 months you are not eligible for benefits. I am not sure when you can apply for which kind of benefits, but I think after 1 year you should have access to most. After 5 years (with PR) you have officially equal rights.scimo wrote:i think, as a national of EEA i have rights to gat all Benifits.
Tom
http://www.hmrc.gov.uk/taxcredits/residence-rules.htmWTC is available to people from EEA countries who are exercising their rights to free movement as workers in the UK under EC Regulations 1612/68 or 1251/70 or if they have a right to reside in the UK under EC Directive 2004/38. We treat such people as being ordinarily resident for the purposes of WTC. This is covered by regulation 3(4) of the Tax Credits (Residence) Regulations 2003.
http://england.shelter.org.uk/advice/advice-8240.cfmHaving the right to reside in the UK doesn't necessarily mean you are eligible to apply for social housing, get help if you become homeless and/or claim benefits. The rules are broadly as follows:
* people who are classed as 'workers' (and their family members) have the right to:
o apply for social housing
o get help if they become homeless
o claim benefits.
Thanx alot you give lot of helpfully information.yankeegirl wrote:Here's a couple of links that might help.
http://www.hmrc.gov.uk/taxcredits/residence-rules.htmWTC is available to people from EEA countries who are exercising their rights to free movement as workers in the UK under EC Regulations 1612/68 or 1251/70 or if they have a right to reside in the UK under EC Directive 2004/38. We treat such people as being ordinarily resident for the purposes of WTC. This is covered by regulation 3(4) of the Tax Credits (Residence) Regulations 2003.
http://england.shelter.org.uk/advice/advice-8240.cfmHaving the right to reside in the UK doesn't necessarily mean you are eligible to apply for social housing, get help if you become homeless and/or claim benefits. The rules are broadly as follows:
* people who are classed as 'workers' (and their family members) have the right to:
o apply for social housing
o get help if they become homeless
o claim benefits.
The way it was explained to me was in a nutshell like this: An EU citizen and his/her family really isn't to come to the UK and get housing benefit, tax credits and so on long-term and not be working/studying. However, if he/she is working, albiet on a low wage, then he/she is fully entitled to apply for tax credits and such, since they are in employment and therefore exercising a Treaty right.
no , you can apply for House Benefit and Tax credit and child benefit. it=s depend wich part of EEA are you from. iam from germanyLove-Without-Borders wrote:I am a working EU national married to a non-EU national. I received a registration certificate and my wife is waiting for her residence card.
I am wondering whether EEA nationals have the right to apply for benefits.
On my registration certificate I received recently it states the following:
A Registration Certificate is issued to a national of an EEA State who is excercising the right of free movement and residence within the UK. Activities which nationals of an EEA Sate are free to undertake in the UK are knows as "Treaty rights" and include the right to:
- Work (I am working)
- Be self-employed
- Study at accredited educational establishments
- Live in the UK on a self-sufficient basis (if you are not working you should be able to live on a self-sufficient basis)
Generally, after five years' residence in the UK exercising a treaty right a national of an EAA state becomes a permanent resident and may request a Document Certifying Permanent Residence. There are no restrictions on the activities which a national of an EEA State who is a permanent resident is able to undertake including:
- Work
- Self-employement
- Study
- Seeking access to social assistance on the same terms as a British Citizen. (this last point wasn't mentioned in the first paragraph, so this means EEA nationals can get access to social assistance after 5 years of residence in the UK excercising a treaty right (in my case: working).
Social assistance = benefits?
The vignette played on page 4 .....
Nationals of an EEA State who meet the relevant residence requirements are free to make an application for British Citizenship.
I would like to know the following:
- Do EEA nationals really need to wait 5 years before having the right to have access to social benefits, like council tax and housing benefit? What about Child benefits?
- The Council told me that I have the right to apply for council tax benefit and housing benefit. I am now completely confused. If I would apply and the Council accepts it, will it affect my wife's application for a residence card and even more in the future will it effect our permanent residence situation after 5 years?
Many thanks in advance.
you are right EURO countries is very expensive now. i am also confuse and need guidniess.Love-Without-Borders wrote:Scimo I am from the Netherlands. I am just curious about the topic concerning EEA nationals and their rights on for example benefits.
I think life in London is very expensive compared to the Netherlands or Germany (although the Euro has made EU also expensive). We are paying a lot of tax and rent here. If you are a couple and only one of you work and you are thinking about a baby, you either need a good wage or need help like benefits.
I was planning to apply for housing benefit after I spoke to the council (I even filled in the form already), but decided not to apply because I was afraid that it would affect my wifes application for a residence card and our permanent residence status in the future.
I don't know I am confused on this matter, I think it's okay to get Child benefit or child tax credit whichever it is, but you should stay away from other benefits although I think this is unfair.
Is there anybody who is in the same situation who applied for benefits like housing benefit? Was your application for a residence card or permanent residence affected?
Love-Without-Borders, My husband is from Netherlands too and i am a Non-EEA national. We came to UK in april 2006 and claimed benefits (Child benefit, WTC and CTC) right after i recieved my EEA FP i.e in september 2006.We were worried as well about benefits so we doubled checked everywhere. It will not affect u or ur partner's immigration status because she has the same rights here as an EEA National, if u have an EEA FP(UK) . i still call the home office and HMRC every year to confirm this because u never know when they change the"rules and regulations!"Love-Without-Borders wrote:Scimo I am from the Netherlands. I am just curious about the topic concerning EEA nationals and their rights on for example benefits.
I think life in London is very expensive compared to the Netherlands or Germany (although the Euro has made EU also expensive). We are paying a lot of tax and rent here. If you are a couple and only one of you work and you are thinking about a baby, you either need a good wage or need help like benefits.
I was planning to apply for housing benefit after I spoke to the council (I even filled in the form already), but decided not to apply because I was afraid that it would affect my wifes application for a residence card and our permanent residence status in the future.
I don't know I am confused on this matter, I think it's okay to get Child benefit or child tax credit whichever it is, but you should stay away from other benefits although I think this is unfair.
Is there anybody who is in the same situation who applied for benefits like housing benefit? Was your application for a residence card or permanent residence affected?
I used to work (I have Reg Cert. (EEA1) - now I am on benefits - I called HO - lady said - no you can't be on benefits, you shouldn't have any breaks in job for more than 6 months.John wrote:Do they? Where do they say that?
Also on what basis are you exercising EU Treaty Rights in the UK? Employed? Self-employed? Or how?
So, can I freely show in application form that I get JSA? (obviously I had some years of working as well)John wrote:It cannot possibly affect your move to PR, given that is determined by the terms of the EU Directive, and there is nothing in that Directive about whether a Worker, as defined, can claim benefits or not.
Of course you get PR status automatically, without application, after exercising EU Treaty Rights in the UK for 5 years. The EEA3 application is merely for confirmation that PR status is held; it does not actually give any rights that you don't actually have already.
