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Will French citizen claiming HB affect wife's EEA2 status?

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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way2soleil
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Joined: Fri Oct 30, 2009 7:22 pm

Will French citizen claiming HB affect wife's EEA2 status?

Post by way2soleil » Sat Jul 17, 2010 9:52 pm

Hello,

I am in the UK on the EEA2 partner visa. My husband is French. He has been in the UK for 3.5 years and has worked full-time during the whole of this period.

Could you please advise me whether his claiming the Housing Benefit will affect my future PR application?

Many thanks in advance!

way2soleil
Newly Registered
Posts: 25
Joined: Fri Oct 30, 2009 7:22 pm

What benefits can the partner of EEA2 status holder claim?

Post by way2soleil » Sun Jul 18, 2010 12:26 am

Hello,

I have just asked about claiming the Housing Benefit. That would be claimed by my EEA citizen husband here in the UK living and woirking full-time for the past three years.

We are about to have a baby and could use all the financial help we can get from the govt without affecting my future right for PR.

The benefits in question are:

1 - Sure Start Pregnancy Grant

2 - Housing benefit (just to have a full list here)

3 - Council tax Benefit

4 - Work Tax Credit

5 - Child Tax credit - Thanks to your answers I know we can claim it jointly no probs.

6 - Child Benefit - I have learnt here my husband can claim it by himself.

7 - Health in Pregnancy Grant - I have read here it's ok to claim.

Would please the immigration experts clarify the top four, so that this would give us all advice seekers one comprehensive answer

Thanks a million! :D

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Jul 18, 2010 8:21 am

He has been in the UK for 3.5 years and has worked full-time during the whole of this period.
That being the case it is clear that your husband is exercising Treaty Rights in the UK as a Worker, that is, as an employed person. Accordingly you are also entitled to exercise to exercise Treaty Rights in the UK and to live and work etc.. End of story!

That is, any benefit claims are totally irrelevant as to whether you have the right to exercise Treaty Rights.
John

way2soleil
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Posts: 25
Joined: Fri Oct 30, 2009 7:22 pm

Re: Post subject

Post by way2soleil » Sun Jul 18, 2010 9:45 am

Good morning John,

Thanks for getting back to me. From your answer I understand that I inherit my husband's rights in the UK.We are both excercising our Treaty Rights here.

However I am thinking ahead to my EEA4 application. Will either of us claiming the benefits named above negatively affect the outcome of my application?

Is it relevant that most of these benefits are Public Funds? the HO can rule against granting my PR because we are a burden on the Public Funds...

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Jul 18, 2010 2:00 pm

way2soleil, again you are effectively trying to invent problems that don't exist. Simply there is nothing in the EU Directive about claiming benefits, where Treaty Rights are being exercised by the EEA Citizen as a Worker, that is, an employed person.
John

way2soleil
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Posts: 25
Joined: Fri Oct 30, 2009 7:22 pm

LOL

Post by way2soleil » Sun Jul 18, 2010 4:26 pm

John, you are so right!

I do fret about the immigration issues at times, especially since the HO really likes to keep us in the dark. :lol:

I am very grateful for your straightforward answer!

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