5yrs residence card

[elvina]

please i want to ask if i can apply income support and housing benefit without my eea husband cos we are seperated and am selfemployed.

[Wanderer]

please i want to ask if i can apply income support and housing benefit without my eea husband cos we are seperated and am selfemployed.

If you are separated haven't you lost the right to remain here?

[elvina]

if the law says i should leave then i will leave cos there are things u cant compromise.

[Wanderer]

if the law says i should leave then i will leave cos there are things u cant compromise.

How long are you married and how long in UK? Also is the husband still in UK and are there any plans for divorce?

[elvina]

i have been in uk 4 2yrs and the marriage has lasted for 2yrs with 14months baby and am pregnant now.
no plans for divorce now is just temporay.cos we need to sort ourselves out.

[Wanderer]

i have been in uk 4 2yrs and the marriage has lasted for 2yrs with 14months baby and am pregnant now.
no plans for divorce now is just temporay.cos we need to sort ourselves out.

Well the reality is it's difficult to prove you are or aren't still a couple here from a legal point of view, so I think you can hang on. Claiming benefits will tip the balance tho in my view, implication there being that your husband isn't supporting you thereby the marriage is over.

To retain right of residency you need to have had three years marriage, one in UK, as you don't fulfil that at the moment really you've got everything to lose. What does the husband say - especially regarding the child and access?

[elvina]

i will go ahead and make the claim if work and pension give a good decision.that means am entitle,i remember the case of somalia woman.am not in uk just to work without getting any benefit.

[Wanderer]

i will go ahead and make the claim if work and pension give a good decision.that means am entitle,i remember the case of somalia woman.am not in uk just to work without getting any benefit.

Work and Pension don't know the immigration rules tho.

[elvina]

i dont think so,what do you think about somali woman and harrow council.i ve make all the necessary enquiries.
if it work for somail woman the husband is not exercising treaty right in uk.i believe am better that her cos i work and pay tax.dsame to my husband.

[mrlookforward]

I havent carfully read the judegement about this somali lady, but it seems that because OPs kids are eu citizens exercising treaty rights, she will have access to the benefits. What implication does this have on her immigration matter is another matter. I think a legal expert will have to carefully look at chen case and the case of this somali lady to provide a precise answer.

[mrlookforward]

Actually, I just found something

A Somali woman with children in London schools has won a test case to claim benefits even if she is "a burden on the social assistance system".

Nimco Hassan Ibrahim took her case to the European Court of Justice when she was turned down for housing benefit by Harrow Council in north-west London.

The judges ruled that a parent with children "in education in the host member state has a right of residence".

The judges added that Mrs Ibrahim's right is "not conditional".

The judges ruled: "A parent caring for the child of a migrant worker who is in education in the host Member State has a right of residence in that State.

"That right is not conditional on the parent having sufficient resources not to become a burden on the social assistance system."

But here the judgement is about when eu citizen children are in education. OPs child is 14 months old and not in education, so I dont think she can rely on this judgement.

[elvina]

pls can i understand where the law will affect my residence,i work and pay tax.as well as my husband.we are not divorce,just temp seperated to put things in right position.
if council and work/pension make decision on my claim and grant me those benefits i believe they know the law themselves.

[mrlookforward]

pls can i understand where the law will affect my residence,i work and pay tax.as well as my husband.we are not divorce,just temp seperated to put things in right position.
if council and work/pension make decision on my claim and grant me those benefits i believe they know the law themselves.

Actually no. If council and work and pension make a decision, that is not an excuse for you. Even government departments can mistake, and it was you who got the visa from UK home office, so you always remain responsible.

Your separation from your husband wont have a negative impact on your residence rights as long as he is still in UK and still exercising his treaty rights. If at any point he leaves UK to live somewher else, or stop exercising treaty rights, then you will also loose your treaty rights automatically.
You are confusing yourself as being in the same situation as that somali lady. Your situation is different. Her kids were in full time education, and this gave her right to residence. Your kid is not in education, cant rely on that judgement.
Plus there is another thing to keep in mind. There are many benefits that you can only apply jointly with your partner. I really suggest that if possible, you should get help from a good immigration advisor, who is well versed with eu immigration regulations.
Remeber, you must be living in UK for minimum 3 years with your husband exercising treaty rights to retain your right of residence. And the responsibility to provide prood of your husband exercising treaty rights will be on your shoulders. You cant just say that you dont have any proof and still claim right of residence.

[elvina]

now i understand,maybe if i want to apply for ILR homeoffice will know i ve been on benefit or i should be the one to let them know now.
anyway my marriage is registered in my husband consulate when we applied for passport for my child.
and am due to a apply for eu passort by feb 2011 according to their consulate.i ve checked and go to cab office they said am entitled.

[elvina]

what have is 5yrs residence card not a visa,there is nothing like no recourse to public fund in the remark.am getting maternity allowance how about that.

[mrlookforward]

Well, if you know you have got everything right, then why are you asking questions on this forum?
That 5 years permit is not worth the paper its printed on, if your husband stops exercising treaty rights.

There is no point asking a question and when someone replies you start arguing with them.
I shall not make any further comments to your posts

[elvina]

i have everyright to ask question ok.the forum is not for ur father.so dont be rude.am not a coward,u have to argue on some topics and know the implications ok.

[Wanderer]

now i understand,maybe if i want to apply for ILR homeoffice will know i ve been on benefit or i should be the one to let them know now.
anyway my marriage is registered in my husband consulate when we applied for passport for my child.
and am due to a apply for eu passort by feb 2011 according to their consulate.i ve checked and go to cab office they said am entitled.

There's no such things as an 'EU Passport'....

CAB is the worst place to go for Immigration advice....

[elvina]

EEA family members
Are you an EEA family member?
For EEA nationals who are working or self-employed, a family member is defined as:

•husband or wife - they must be married rather than just cohabitees
•civil partner
•direct descendants (children, grandchildren etc) of person or their spouse or civil partner who are either under 21 or who are dependant on him/her or on the spouse or civil partner (for example, because disabled or studying)
•dependent direct relatives of the person of their spouse or civil partner in the ascending line ( ie parents/ grandparents)
•an extended family member who has been issued with an EEA family permit: this includes dependant family members not covered by the lists above, cohabitees in a “durable relationshipâ€