EEA2: Will claiming benefits affect my PR and Naturalization

[way2soleil]

Hello,

My husband is an EEA citizen exercising his Treaty Rights as a worker, and I hold an RC. I have just begun my maternity leave and am entitled to MA.

As we are on low income, we would like to apply for benefits to help us out while I am at home with the baby. I have heard that claiming benefits can harm my and husband's PR application in the future. We would like to apply for Child Benefit, Child Tax Credit, Working Tax Credit, Housing Benefit, and Council Tax Benefit.

During my research I have come across this text:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Specifically:'EEA nationals who are exercising Treaty rights in the UK as
workers, self employed persons or work seekers are able to claim public funds without their right of residence being affected'

Does it mean that as long as my husband works, claiming public funds should not affect neither his nor mine PR and naturalization?

If we are able to apply, should we do it in his name, or both his and mine?

Many thanks for your advice!

[alejandrouk]

Hi,

EEA nationals who are exercising Treaty rights in the UK as
workers, self employed persons or work seekers are able to claim public funds without their right of residence being affected.

You can find this quote in chapter 12 here: http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/

Good luck.

[86ti]

PR should be fine but naturalisation is an entirely different story and you have to check the eligibility criteria which you can do on the UKBA web page.

Whether you apply in joint names or individual names depends on the benefits. Tax credits must be applied in joint names. In the case of individual application do it as it seems most convenient for you.

[way2soleil]

Hello 86ti,

PR should be fine but naturalisation is an entirely different story and you have to check the eligibility criteria which you can do on the UKBA web page.

Whether you apply in joint names or individual names depends on the benefits. Tax credits must be applied in joint names. In the case of individual application do it as it seems most convenient for you.

I did go through the AN Guidance notes on the UKBA site, and it doesn't mention anywhere that claiming benefits would affect the naturalization process. Perhaps, you could point me to a specific document?

Many thanks!

[way2soleil]

In the AN guidance notes I did find this requirement though:
'Evidence of freedom from immigration time restrictions
• Your passport showing permission to remain permanently in the UK OR
• The Home Office letter by which you were given permission to remain
permanently in the UK' at p.29 http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

As far as I know, an EEA citizen doesn't need an EEA3 stamp, and PR is granted automatically after 5 yrs residence excercising Treaty Rights.

If he doesn't apply for the EEA3 stamp, how can he produce the evidence required?

Thank you for your guidance.

[86ti]

If he doesn't apply for the EEA3 stamp, how can he produce the evidence required?

In exactly the same way as he would if he applied for PR beforehand.

[way2soleil]

Many thanks for your kind advice!

[way2soleil]

You have stated that claiming public funds while my husband excercises his Treaty Rights as a worker will be ok for his PR. I am still unclear though, whether claiming the benefits will affect our naturalization.

Are there different routes to naturalization? What I mean is that the 5 yrs residence and the PR time period is covered by the EEA law, but then for naturalization purposes should we be looking into the British Immigration Rules?

I would really appreciate if you pointed me in the right direction, as we are about to start claiming benefits and do not want this to have an adverse effect on our chances to obtain PR. We are about to apply for CTC, WTC, CB, HB, and Council Tax Benefit.

Many thanks!

[Plum70]

What I mean is that the 5 yrs residence and the PR time period is covered by the EEA law, but then for naturalization purposes should we be looking into the British Immigration Rules?

Yes.

How close are either of you to qualifying for naturalisation? I ask this because if you are a couple of years away then there is no need fretting as no one knows how the law may change and benchmarks shifted in the future.

For now you are ok claiming certain benefits if you and your spouse qualify and do not become a "burden on the state".

[Obie]

Benefits does not affect citizenship, so long as the benefit was not claimed for fraudulently.

In regards to the Earned Citizenship, it was not intended to affect EU nationals and their family members. However, it appears it has been scraped for the foreseeable future, or until the coalition government decides what is the best restrictive measure to impose

[way2soleil]

Benefits does not affect citizenship, so long as the benefit was not claimed for fraudulently.

In regards to the Earned Citizenship, it was not intended to affect EU nationals and their family members. However, it appears it has been scraped for the foreseeable future, or until the coalition government decides what is the best restrictive measure to impose

Hi Obie,

Thank you for your reply. Do you think that getting an immigration advisor to sign a letter, that will list the benefits that we plan to claim, and that we are entitled to claim them, would safeguard us in the future, when the time comes to apply for BC?

We plan on applying for Tax Credits jointly, however the rest of the benefits would be in my husband's name.

Many thanks for your insight.

[way2soleil]

What I mean is that the 5 yrs residence and the PR time period is covered by the EEA law, but then for naturalization purposes should we be looking into the British Immigration Rules?

Yes.

How close are either of you to qualifying for naturalisation? I ask this because if you are a couple of years away then there is no need fretting as no one knows how the law may change and benchmarks shifted in the future.

For now you are ok claiming certain benefits if you and your spouse qualify and do not become a "burden on the state".

Hi Plum70,

Thank you for getting back to me. I have just received Health in Pregnancy Grant (on my name). Is that ok, since I have an RC? We plan to apply for Housing benefit, Child benefit, and Council tax benefit in my husband's name only (he is the EEA citizen).
I assume that so long as we provide truthful info about ourselves ob our application, that would ensure that we do not claim anything fraudulently.

[way2soleil]

Hi Plum70,

My husband will qualify for PR in Jan 2012, for BC in Jan 2013, and I will qualify for BC in Nov 2014 (based on the fact that we will have been married for 5 years, and he would be a British Citizen by then). Will I have to submit my p60s, or will his p60 as proof of excercising Treaty Rights be enough? I do not plan on going back to work soon, as we are having a baby. My husband will work, and we plan to complement our income with benefits.

Thanks again for sharing your advice:)

[Plum70]

HIPG is not a public fund as defined in this document: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary Have a read and keep for future reference.

When it comes to you applying for BC in 2014, assuming that the law and documentary requirements do not change, you will need to show that your husband exercised treaty rights for 5 years to the date that you are applying. You will also need to show that your husband is a BC (assuming his naturalisation application is successful) hence the need to only be free from immigration control at the time of application.

Naturalisation for you is still a way away so keep your eyes on the UKBA site as well as this and any other reputable immigration forum.

[way2soleil]

Thank you very much for this, Plum70. I find this forum a wonderful source of information on UK Immigration.