Job seeker allowance not available for a british national??

[arsenal49]

Hi,

I am (non-EU) currently on a tier 2 General visa.

A UK national (by descent) who was living out of UK, but in EU, is back in UK for more than 3 months now: she is currently living with me in a shared (4 people) rented property. She is not paying any rent as she is being treated as a "guest" by landlord.

We wish to marry each other at some point but nothing is finalised or formalised yet ie we dont have any document proving that we are living as "a man and wife".

She wants to claim Job seekers allowance but is being told (by citizens advice bureau) that she cant get it because her "partner" ie myself is working for more than 24hours a week. i work for 37 hours a week ie full time

My question is: surely i cant be classified as her "partner" as i have been living for less about 3 months in a house which is not mine and is a rented accommodation. Any advice on how to prove "legally" that iam NOT her partner so that she can claim Job seekers allowance.

Any advice will be appreciated.

Many thanks

PS. https://www.gov.uk/jobseekers-allowance/overview

[Amber]

She may not be considered as Habitually resident if applying for JSA-IB, for JSA-CB, the NI paid (or equivalent) in another EEA Country may satisfy the NI conditions here.

If you are not partners then she needs to apply as a single claimant, she can't do anything (appeal) unless she has a decision in writing.