DLA, ILR, and EU (while that still means anything)

[alxhix]

I've tried to read through the stickies on this forum - but the advice does date back a bit; and my situation is somewhat convoluted; so I'd appreciate any help.

We (my family) emigrated from South Africa; arriving on 23 December 2013. I am on an ancestry visa (both grandparents on my mother's side); while my wife travels on a German passport. My kids (twin boys, 8 ) currently travel on children's German passports - but are not registered with the German authorities and so won't gain German citizenship automatically. (We didn't know we had to register them before they turned 1)

We haven't claimed any benefits at all; partly because my visa is stamped "No recourse to public funds" and partly because we wouldn't qualify because I earn too much. One of my sons has cerebral palsy; which severely affects his mobility, speech (he's non-verbal; and can't sign properly because he only has full use of one hand) and independence. My wife doesn't work.

Since we've now been resident for the majority of the last 3 years (read 2 out of the last 3) we qualify for DLA for my disabled son.

Should we claim? Does my wife need to claim, as opposed to me? Should we open a separate bank account for her and run it through that? The guidance seems to be that I can't claim benefits; but that I can because my partner is resident in the UK and can claim. But she's dependent on me (as she doesn't have an income); so does that change things? I'm concerned that it mustn't affect my immigration status and influence my ILR application (even if that is going to be in 4 years from now).

As part of that, is there something we should do to secure my wife's rights in this "waiting phase" before BREXIT proper? Most guidance seems to be that we need to have been here for 5 years before we can do anything (like permanent residence cards, or nationalisation - but is there a loophole? My dad arrived several years ago on his own ancestry visa and was naturalised as a Brit in 2008 - but pretty sure that has no relevance on my citizenship; nor my partner's.

The kids should be fine as they are under 18 and will be when it comes time for me to gain citizenship, right?

Any guidance would be appreciated.

[noajthan]

As an EEA citizen your wife needs to be a qualified person after her first 3 months in UK. Same as for EEA children..
That means one of being one (at a time) of: worker, selfemployed, jobseeker, student, selfsufficient.

If selfsufficeint (for example supported by your/family income/resources) wife needs to have CSI in place.
Children may be considered to be wife's direct dependents (in EU context) and need CSI cover extended to them too.

DLA is a bit of a grey area for EEA citizens; some groups argue and campaign that carer is a worker qualified person; in which case no CSI would be required.
Suggest research Aire Centre's work in this area.
See http://www.airecentre.org/data/files/re ... s-2014.pdf

However, with Brexit looming, it would be most prudent for wife (and children) to regularise their status in UK and to become qualified persons (/dependents of a qp) asap.

[CR001]

You cannot claim. She should claim. Fine if it is paid into the bank account you have.

What are your plans for your family when you get ILR? They cannot apply with you obviously.

s there something we should do to secure my wife's rights in this "waiting phase" before BREXIT proper? Most guidance seems to be that we need to have been here for 5 years before we can do anything (like permanent residence cards, or nationalisation - but is there a loophole?

If your wife doesn't work, do you have Comprehensive Sickness Insurance (CSi) for the whole family so that they can be considered qualified person as self sufficient under the EU directive to be able to gain Permanent Residence? No, there is no loophole. She needs 5 years residence as a qualified person, ie if not working, she (and children) needs CSI as a self sufficient person.

influence my ILR application (even if that is going to be in 4 years from now)

Why 4 years? You qualify for ILR after 5 years on Ancestry visa, so in 2018 if you have been here since 2013.

You have asked many different questions in one topic which are not relevant to the 'Claiming Benefits' sub forum.

For your EU spouse, you should post in The EEA Route Sub Forum (click)

For your future ILR application, you should post in The ILR Sub Forum (click

Then there is a separate sub forum for British Citizenship Questions (click)

[alxhix]

Thank you for responding so quickly.

My work offers membership of a BUPA healthcare scheme; in which I can list them as dependents - is that sufficient CSI?

Assuming they have CSI and are therefore qp's as "self sufficient with CSI" then should we claim DLA? will it affect my ILR later? As a qp - do we apply for something that assures their right to live here?

EDIT: Sorry - was writing up this as the second reply was going up - so that answers the DLA affecting ILR. It shouldn't. Thanks. I'll follow up on the other questions in the other subforums.

Thanks

[CR001]

As long as you are NOT claiming the benefit YOU will be fine for ILR.