EEA family member claiming housing benefit

[aniakk81]

Hi,
I have read a lot of topic and I didn't find answer for my guestion.

I'm Polish, my husband is Tunisian, since 5 years he has residence card for EEA family member. In next few days we need send application for new residence card. But I'm scared about few things.

1. When my husband arrived to UK I have worked and continue 1 year, later I was pregnent and my employer became bankrupt, so after this 1 year I started my maternity, but we had financial problems, because long time noone pay me (later start pay HMRC), we have claimed housing benefit together and later when my maternity leave stoped in council they changed name from my to just name of my husband, so benefit was payed for him. Since 1 year housing benefit is stoped, because I started work and our situation is better now.
Can his residence card be refuse about that benefit?

2. I didn't work 2 years, so I understand that he can't get permanent residence card, but we want to apply about 5 years. In this time when I didn't work born our 2 kids and they was too small that I can leave them. Noone from our family is here to help us with kids. That's why I decided to stay at home. But now I'm not sure, if that decision was good.

3. If we want apply for residence card valid 5 years, still I need fill up in application 5 years my employment history? My plan was just send half year payslips, letter from employer and 6 bank statements. I'm not confuse what I should do.

4. I know that this is not really important, but my husband work since 2nd day when he arrived to UK and he didn't stop.


Really can they refuse the residence card? Our life is here, our home is here, our kids born here, they speak English, older one will starts school this year. Since one year I work here, after 2 years break (since 6 years I'm in England). I can't imagine that answer from home office will be: NO. What do you think about? Could someone advise us?

Apologies for my English. I hope everything is clear

[noajthan]

Moved to EEA forum.

I wish i could speak Polish as well as you speak and write in English.

Members should be able to advise on your case shortly.
Stand by.

[Richard W]

If your work is full-time, your husband should get his new RC. The earliest I would expect any direct problems because he temporarily lost his right to be in the UK is when, if ever, he applies for British citizenship. (An indirect problem is that he cannot yet apply for permanent residence.) The relevant forms are EEA(QP), for your registration certificate (recommended because of Brexit, but not essential), and EEA(FM), for his residence card. The only 5-year history I can see to fill in is the one about benefits.

[aniakk81]

Thank you very much for the reply. It makes me feel better. Now I'm very busy with application and documents.

[Petaltop]

I can't understand your timeline. You say you didn't work for two years, during that time, how were you exercising your treaty rights in the UK?

I really don't know how long you can be considred a worker after the birth of a child? 2 children - is that covered under worker too when you only ever worked for 1 year in the UK? Your local council don't seem to think so if the stopped they benefits their benefits to an EEA citizen. Were you claiming other benefits too? Tax Credits? Child Benefit?

How was your husband able to claim benefits when he was in the UK as your EU family member, when the council didn't think you, the EEA national, was allowed UK benefits anymore?

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