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EU Citizen - Caught in a Loophole

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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hattierose
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EU Citizen - Caught in a Loophole

Post by hattierose » Sun Aug 10, 2014 11:41 am

Hi everyone, this is probably going to be rather long so apologies in advance.

I was born in Portugal, my mother brought me to Scotland when I was five months old. I lived in Scotland until I was 17. She has never worked (I note that because I believe that affects my permanent right to reside). My education has always been my top priority and I consistently did well, sitting most of my exams early. I left home at 17 (a year ago) due to it being an abusive environment - to continue my education I had to escape her.

I moved to south-west England and lived with a friend I met online who became my boyfriend, while doing A Levels. We had both been told we weren't entitled for benefits due to my EU status and his Channel Islands citizenship. We didn't mind as we planned to live off a grant that he got for doing his Master's. So we did that for a year, under the impression that he'd get one again for his PhD. Lo and behold, he needs another year to do his Master's (it was quite optimistic to think otherwise :P ) so he won't get another grant. Thus, he can't support himself or me for another year.

We are currently in the Channel Islands at his parents' house for the summer. He plans to stay here for a year, take a break from his Master's, and get a job. That does seem promising so he probably will get one and be able to help me out a bit.

However, obviously that's rather up in the air and so I am seeking out my own way of become financially independent. To pass the HRT it seems I need to earn enough to pay National Insurance, which would be around 34 hours on an 18 year old's minimum wage. (I turn 18 tomorrow.) This is near-on impossible to find while doing full-time education, and is a bit of a recipe for disaster if I'm aiming for all A/A*s. To make matters worse I'm having to fit both years of A Levels into this following year because I have to re-sit most of the first year. (Breakdown during exam period, mostly due to the impending financial doom but I do have a history of quite serious mental health issues.) This is my last year to sit A Levels before having to pay for them - I am a year older because I took a year out of school at 16.

I don't get JSA because of the full-time education, and every other benefit is obscured by my nationality in spite of having lived here my whole life. I could not go back to Portugal because I can't at all speak the language, going there would be a death wish as I wouldn't be able to get a job at all and of course my education would suffer horrendously. I'm caught in a loophole where the law treats me as if I have just arrived here. I don't believe I get permanent right to reside because my mother has never worked, but I'm not sure about that.

I have spoken to benefits experts, homeless shelters, even my local MP, and none came up with anything. The general consensus was that I should arrive back in the south-west and declare myself homeless, and only then would they be able to help me.

I am seeking options in terms of work. I am thinking of going into escorting, (yes, it is legal) and have been seeking advice for that, which in turn is what led me here as somebody told me about this forum. From what I've gathered, the money is well over what I'd need to live and the hours are so minimal that I wouldn't get anywhere near as stressed out as if I had a "normal" job, so it's a happy medium. Please don't try to convince me out of that, it's the situation I find myself in and like I said it is legal in spite of the risk. I would of course register as self-employed and pay my taxes, depending on my income I may then meet the requirements for the HRT but of course wouldn't need benefits anymore. I only mention this to let you know what my plan as of now is.

I am also of the understanding that if I did get benefits, they'd only last three months anyway, so obviously trying to get benefits isn't the greatest route to go down. What I'm going to try to do is get British Citizenship and pay for it using my earnings. The reason I absolutely refuse to leave school is because I want to go onto university, post-grad and all and eventually become a clinical psychologist. I don't want to do my A Levels part-time or anything like that, they are my absolute priority and I don't want to postpone my entrance to university any further.

That's just about everything, I may have accidentally missed something out. Sorry for the length. Really all I'm looking for is any sort of legal advice, if there's any loophole anywhere that might be able to save me. As you can see, I really am at the last resort. Thanks in advance for any advice/help.

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Re: EU Citizen - Caught in a Loophole

Post by Amber » Sun Aug 10, 2014 2:35 pm

What was your Mother doing during the period she was in the UK? Where is your Mother now? What year did she move to the UK? Is she claiming child benefit and tax credits for you?
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hattierose
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Re: EU Citizen - Caught in a Loophole

Post by hattierose » Sun Aug 10, 2014 3:46 pm

Amber wrote:What was your Mother doing during the period she was in the UK? Where is your Mother now? What year did she move to the UK? Is she claiming child benefit and tax credits for you?
Looking for work, I'm pretty sure she was classed as a jobseeker most of the time because she went to the JobCentre all the time to look for work. She then had two other kids. She's still in Scotland, looking after them and we both arrived January 1997. She stopped claiming child benefit as soon as I arrived in England and is claiming nothing else for me, I think she still gets child benefit but for my siblings (both younger than me).

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Re: EU Citizen - Caught in a Loophole

Post by Amber » Sun Aug 10, 2014 6:55 pm

If you are in full time non advanced education she can claim child benefit and tax credits for you and send you the money.

You can only claim income support as a young person if you are estranged from your parents.
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hattierose
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Re: EU Citizen - Caught in a Loophole

Post by hattierose » Sun Aug 10, 2014 7:00 pm

I believe that she's about to have her benefits stopped due to her EU status and not having a job, so I don't really know about that. We very rarely talk and I'd argue that I am estranged, but can't get income support due to my EU status.

ETA: I'm messaging her to look into the child benefit so we'll see what happens, thank you. :)

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Re: EU Citizen - Caught in a Loophole

Post by Amber » Sun Aug 10, 2014 7:05 pm

I believe that an EEA who was exercising treaty rights before October 2000 was deemed settled. So you may also be considered a PR already and this should be investigated. Where is your Father?

It may also be possible for your Boyfriends parent(s) to claim child benefit and tax credits for you.
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hattierose
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Re: EU Citizen - Caught in a Loophole

Post by hattierose » Sun Aug 10, 2014 7:10 pm

My Father died a year before I was born. My boyfriend's parents live in the channel islands. I had no idea about the Oct 2000 thing so I'll look into that, thank you.

hattierose
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Re: EU Citizen - Caught in a Loophole

Post by hattierose » Sun Aug 10, 2014 7:46 pm

Okay so I have done some snooping and found these:

http://www.arshadmahmood.com/human-righ ... he-uk.html

https://www.gov.uk/government/uploads/s ... Part_7.pdf

I appear to meet these requirements, this bit on the second link sticks out: (iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years
(discounting any period of imprisonment) and it would not be reasonable to expect the
applicant to leave the UK
- although only applies for a few more hours until I turn 18!

So.. I suppose I can apply for Indefinite Leave to Remain?

There is one problem: https://www.gov.uk/long-residence Apparently it costs money. It costs more than British Citizenship does, so surely I'm better going for citizenship instead? I haven't been able to find anything that suggests that because we came here before October 2000, we were considered settled already.
Last edited by hattierose on Sun Aug 10, 2014 7:48 pm, edited 1 time in total.

Amber
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Re: EU Citizen - Caught in a Loophole

Post by Amber » Sun Aug 10, 2014 7:46 pm

No, that's for limited leave to remain, not ILR. You're best investing the EEA rules rather than the UK immigration rules. I suggest you look at applying for citizenship.

You may be considered habitually resident in the Common Travel Area, which includes the Channel Islands. So they may be able to claim and should look into it.
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hattierose
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Re: EU Citizen - Caught in a Loophole

Post by hattierose » Sun Aug 10, 2014 7:49 pm

Yeah I'm going down the citizenship route then, haha. I should earn enough to afford it.

My Mum is going to apply for child benefit for me, it might be easier as she's in Scotland. Thank you for all the help. :)

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