Persons must not become a burden on the public

[poltrade]

hi all
just i would like to know what they mean in (persons must not become aburden on the stat) ? can any 1 clear this please
thanks in advance

[86ti]

Unreasonable burden to the state. As with so many things in the EEA regulations there are no fixed ruled what that means but would have to be assessed on an individual basis. Eventually, it is probably for the courts to decide.

[Punjab]

SIMPLY YOU SHOULDNT BE TAKING ANY BENEFITS FROM THE GIVERNMENT

IF YOU ARE UNEMPLYED YOU SHOULD HAVE YOUR OWN MEANS TO SUPPORT YOURSELF LIKE YOUR FAMILY AND FRIENDS.

YOU SHOULD HAVE YOUR OWN INSURANCE AND NOT BE DEPENDENT ON NHS..

IN SIMPLE WORDS... YOU SHOULD NOT BE BABY FEED BY UK GIOVERNMENT

TA

[86ti]

Chapter 12 of the ECIs provides some guidelines to what benefits are available in particular circumstances. This is official documentation that can be relied on.

[poltrade]

Thanx everybody
Punjab just to let you know I been working in uk for 5 year with no stop even for 1 day
Im asking that qustion coz my wife she been out of work for some time during this 5 year looking after our son and we hadnt insurance pravite one.
She is the eea and im not eea,so im worry to refuse us becouse we hadnt that insurance and we were burden in the state, so punjab im not the baby who got feed by binefit system ,hehe me i was feeding the system by paying every week big part from my wages to the system

[nonspecifics]

Your concerns are justified.

It is supposed to be your EEA wife that is exercising Treaty Rights, otherwise UKBA try to argue that you, the non-EEA did not have the right to reside ( or work) in the UK.

If they then said you, the non-EEA had no right to work, then they would ignore your earnings as proof of sufficient funds to be self-sufficient as a family unit. So, unless your wife had her own funds / savings they would then argue that the only reason you are not claiming benefits is because you are working illegally, so that is further proof that your family is not self-sufficient.

If you want to share your wife's immigration history, then you could get opinions on if there would be any problems.

For example, what dates was she in employment?

Dates unemployed but jobseeker?

Dates if voluntarily unemployed and not on maternity leave.

Time on maternity leave / maternity benefit?

If times unemployed, did she register as jobseeker or keep proof of seeking work?

Did she voluntarily resign from work, becoming voluntarily unemployed or did she go on maternity leave and claim maternity benefit?

If there are times when she was exercising Treaty Rights as self-sufficient, then she should have had EHIC or CSI for herself and all family members, even if the non-EEA partner works and pays lots of tax towards the NHS etc.

Did she have EHIC?

Or did she ever get a residence card on the basis of being a student before June 2011?

But, I am not trying to frighten you. They aren't going to deport you. But they could try to stop you from working by refusing any documentation that would prove your immigration status is legal, such as residence cards or permanent residence documents.

However, if your EEA spouse is now trying to exercise Treaty Rights as self-sufficient ( supported by non-EEA's earnings) it would be a very good idea to get CSI for all family members otherwise you could face the problems described above.

[poltrade]

hi again
nonspecifics you kill my hope man lololllll .im sure im working legal in uk becouse i have rc card for 5 year
my wife work history :
2006-2007 she was in maternity leave/ and she was in maternity benefit
becouse she been working in 2005-2006
2007-2008 she been working the whole year
2008-2009 she work about 3 month
2009-2010 she wasnt working becouse she was looking after our son
2010-211 she is working till now in part time work 12 hour per week
so i dont know which form is good for me to apply for eea4 and try my luck or to go again for eea2 .by the way i bought already comprehansive insurance sickness from aviva ,becouse read in this form stroy similier to mine and she got her pr card and she had gap in her employment history
whom know its all about luck ,and about the fund from the begning we have joint account in our name and we had in its i think good fund hopfully this will help also .....

i will keep hoping any way hope its free dont cost nothing

[nonspecifics]

Well, smile again.

Even 12 hours work a week means she is a worker and is exercising Treaty Rights, so breathe a big sigh of relief. In that case you do not need CSI at this current time ( only if EEA is self-sufficient then CSI is required).

So, you don't need to worry if applying for PR. The worst that could happen is that they say you have not proved exercising Treaty Rights for 5 continuous years and return the application, but that would not affect your current status.


So, going through the history.

2005 to 2008 looks fine as worker and maternity benefit is not being a burden.

2008-2009 worked three months; did she voluntarily become unemployed? Or was she looking for other work ( even part-time)?

Did youse have the CSI for that time? ( If voluntarily unemployed)

2009-2010 CSI for this time?

2010 -2011 fine. Exercising Treaty Rights as a worker.

Even if there are some gaps in CSI if voluntarily unemployed and not jobseeker, there's nothing to stop you trying your luck anyway.

Even if there were gaps in CSI, UKBA have to prove that you were an unreasonable burden (if it went to an appeal).

If that lack of CSI was a temporary situation and your EEA wife is working and you are also contributing to the NHS now and before. I think you could still have a good chance of getting PR, as the decisions are supposed to be proportional.

( In other words UKBA are supposed to take into account for how long any burden lasted and if it is likely to be long-term or unreasonable. It should not be an automatic refusal cos someone never had CSI for a short period of time).

As, you said, it's free to apply, so why not try? I hope you let us know how you get on.

[AKDK]

Hello everyone, i hope you dont mind me asking benefit-related question here

My husband is an EEA national and im not. hes got residence certificate (the "blue" book) and i have my 5years visa.we both work full time. Since April this year he is receiving Working Tax credit (comes to around £20+ a week. Im confused - will that affect my future applications?

Thank you

[nonspecifics]

I believe you are referring to Bulgarian and Romanian nationals, the so-called A2 countries.

http://england.shelter.org.uk/get_advic ... ationals#5


"Am I entitled to any benefits?

If you are working and authorised to work within the first 12 months, or if you have gained full rights after 12 months working, you are entitled to child benefit and in-work benefits such as tax credits. If you are on a low income, you may also be entitled to housing benefit and council tax benefit."

I believe that blue registration card holders have the same rights as other EEA nationals and are not subject to the extra conditions imposed on some A2 nationals in the first 12 months.

As your husband is a worker under the EU Directive, he is entitled to claim in-work benefits the same as any other EU national worker.

This should not have any negative impact on any future dealings with the UKBA as long as the EEA national's work is genuine and effective.

[AKDK]

I believe you are referring to Bulgarian and Romanian nationals, the so-called A2 countries.

http://england.shelter.org.uk/get_advic ... ationals#5


"Am I entitled to any benefits?

If you are working and authorised to work within the first 12 months, or if you have gained full rights after 12 months working, you are entitled to child benefit and in-work benefits such as tax credits. If you are on a low income, you may also be entitled to housing benefit and council tax benefit."

I believe that blue registration card holders have the same rights as other EEA nationals and are not subject to the extra conditions imposed on some A2 nationals in the first 12 months.

As your husband is a worker under the EU Directive, he is entitled to claim in-work benefits the same as any other EU national worker.

This should not have any negative impact on any future dealings with the UKBA as long as the EEA national's work is genuine and effective.

Thank you very much for your reply, my husband is Polish and he completed 12 months continuous employment under WRS, and he's got tha Registration Certificate i guess (EEA1) sorry having high temperature - brain is only working 50%

So i beleive i should be fine. Many thanks

[Obie]

Well, smile again.

Even 12 hours work a week means she is a worker and is exercising Treaty Rights, so breathe a big sigh of relief. In that case you do not need CSI at this current time ( only if EEA is self-sufficient then CSI is required).

So, you don't need to worry if applying for PR. The worst that could happen is that they say you have not proved exercising Treaty Rights for 5 continuous years and return the application, but that would not affect your current status.


So, going through the history.

2005 to 2008 looks fine as worker and maternity benefit is not being a burden.

2008-2009 worked three months; did she voluntarily become unemployed? Or was she looking for other work ( even part-time)?

Did youse have the CSI for that time? ( If voluntarily unemployed)

2009-2010 CSI for this time?

2010 -2011 fine. Exercising Treaty Rights as a worker.

Even if there are some gaps in CSI if voluntarily unemployed and not jobseeker, there's nothing to stop you trying your luck anyway.

Even if there were gaps in CSI, UKBA have to prove that you were an unreasonable burden (if it went to an appeal).

If that lack of CSI was a temporary situation and your EEA wife is working and you are also contributing to the NHS now and before. I think you could still have a good chance of getting PR, as the decisions are supposed to be proportional.

( In other words UKBA are supposed to take into account for how long any burden lasted and if it is likely to be long-term or unreasonable. It should not be an automatic refusal cos someone never had CSI for a short period of time).

As, you said, it's free to apply, so why not try? I hope you let us know how you get on.

You comment is perfectly logical and in accordance with the directive, however going by the UKBA's interpretation, there is a problem from 2008-2010 when the OP's wife was looking after the child.
If she only worked for 3 months, and was not on any official maternity leave and did not have CSI covering that period, by the UKBA's interpretation she was not living in the UK in accordance with the regulation, as she was not a worker, and did not retain status of a worker.

He may nevertheless succeed, but he has to be made aware of the restrictive approach that may be adopted.

[poltrade]

obie i know i have problem ,lets called big problem
hmmm lets say that my eea4 not succsed becouse i dont have that insurance ??can i still apply for eea2 ?i build my life here and i got son whom attending school so i dont wont to get deported to my country? so what is my option
by the way my son he have polish pasport and me i have just the rc and my wife she dont have pr can we apply for him for bristish passport .thnx