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Applied for job seekers allowance but

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Ellen357
Newly Registered
Posts: 10
Joined: Mon Jul 12, 2010 10:40 pm

Applied for job seekers allowance but

Post by Ellen357 » Mon Oct 14, 2013 9:37 am

I have recently applied for a job seekers allowance, but being a family member of EU national, on EEA2 visa, I am in doubt right now. Next year I going to submit my forms for indefinite leave to remain...and then citizenship.

Will this allowance affect my applications !?!?

I am thinking of withdrawing from public funds, is it a good decision ?


Thank you for your advice !

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Applied for job seekers allowance but

Post by askmeplz82 » Mon Oct 14, 2013 10:19 am

Ellen357 wrote:I have recently applied for a job seekers allowance, but being a family member of EU national, on EEA2 visa, I am in doubt right now. Next year I going to submit my forms for indefinite leave to remain...and then citizenship.

Will this allowance affect my applications !?!?

I am thinking of withdrawing from public funds, is it a good decision ?


Thank you for your advice !

ILR : under 10 years rule?

PR : 5 years after marriage

why do you think it will effect your application ?
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

Ellen357
Newly Registered
Posts: 10
Joined: Mon Jul 12, 2010 10:40 pm

Post by Ellen357 » Mon Oct 14, 2013 10:40 am

dear askmeplz82,

I could have already applied for ILR under 10 years...but decided to wait until next summer and apply for Permanent Residence after 5 years of marriage....

however for jobseeking allowance I have applied on the basis that we do not live together...

so,

I guess it is not a good idea

and from what I read in here, job seeking does affect your citizenship application a year after...?

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Mon Oct 14, 2013 11:57 am

EEA nationals have a right to reside as a jobseeker if they are looking for work and have a genuine chance of being engaged. Family members of jobseekers also have a right to reside. To have a right to reside as a jobseeker a person needs to be registered with Jobcentre Plus and signing on as available for and seeking work. A person with a right to reside as a jobseeker may claim income-based JSA (which can give entitlement to Housing Benefit and Council Tax Benefit), Child Benefit and Child Tax Credit. Jobseekers may not however claim Income Support, income-related Employment and Support Allowance


Well you are still a family member right but living separate ?

You can claim job seeker allowance and make sure you collect all the evidence that you are actively looking for work.

Yes Home office don't like someone in the job seeker more then 6 months
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Post by dalebutt » Mon Oct 14, 2013 11:57 am

Ellen357 wrote:dear askmeplz82,

I could have already applied for ILR under 10 years...but decided to wait until next summer and apply for Permanent Residence after 5 years of marriage....

however for jobseeking allowance I have applied on the basis that we do not live together...

so,

I guess it is not a good idea

and from what I read in here, job seeking does affect your citizenship application a year after...?
Claiming JSA will not affect your application for PR or citizenship, what I do not know is if you will have problem claiming on the basis of not living with your spouse.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Mon Oct 14, 2013 12:03 pm

dalebutt wrote:
Ellen357 wrote:dear askmeplz82,

I could have already applied for ILR under 10 years...but decided to wait until next summer and apply for Permanent Residence after 5 years of marriage....

however for jobseeking allowance I have applied on the basis that we do not live together...

so,

I guess it is not a good idea

and from what I read in here, job seeking does affect your citizenship application a year after...?
Claiming JSA will not affect your application for PR or citizenship, what I do not know is if you will have problem claiming on the basis of not living with your spouse.

well under EU law until divorced is finalised a NON EU national is still a family member even if they living separate
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

Ellen357
Newly Registered
Posts: 10
Joined: Mon Jul 12, 2010 10:40 pm

Post by Ellen357 » Mon Oct 14, 2013 12:25 pm

The funniest thing here is that I decided to withdraw my claim, went to jobcentre and cancelled it.

Now this morning I received a letter with following : " I am pleased to tell you that we can pay you jobseekers allowance because you entitlement based on Class 1 National Insurance Contribution- based.

I dont understand.

Yes, with my spouse we are still legally married but we decided to separate, and after PR we will do so legally.

What should I do. Should I receive this contribution based allowance or call them and say that there must be a mistake.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Mon Oct 14, 2013 12:31 pm

Ellen357 wrote:The funniest thing here is that I decided to withdraw my claim, went to jobcentre and cancelled it.

Now this morning I received a letter with following : " I am pleased to tell you that we can pay you jobseekers allowance because you entitlement based on Class 1 National Insurance Contribution- based.

I dont understand.

Yes, with my spouse we are still legally married but we decided to separate, and after PR we will do so legally.

What should I do. Should I receive this contribution based allowance or call them and say that there must be a mistake.

Well you've cancelled it already. Letter send before you cancelled so i believe you have to apply again .
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Post by dalebutt » Mon Oct 14, 2013 1:42 pm

It is not just under EU laws only, under whatever law, someone isn't divorced until they are officially divorced i.e after a decree absolute has been issued, op said he applied on the basis of living alone I could not confirm is if it will have an impact on his application. It is nothing to do with being divorced.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Mon Oct 14, 2013 6:48 pm

Provided your family member is still exercising treaty rights in an economic capacity, and you are therefore residing in the UK in acordance with the EEA regulation, there is no obvious difficulty to you claiming. If he or she has left or a student or Self-Sufficient, then it is not a very straight forward issue .
Smooth seas do not make skilful sailors

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