Eea 3 and 4 application and benefit

[toni34]

I am a non eu family member of an eu national , about to submit my eea4 application , just read the form as I am worried about the benefit part of the forms , I have been working now non stop and I had a full wpa health insurance my partner had not work for the past 4 years as she had kids along the way my fear now is that we claim wtc and child benefit , will the fact that we claim those benefits make our applications to be rejected even though we rely solely on my income and there is evidence that I was transferring money to her account weekly for the household expenses . I am frightened now

[rosebead]

I'm afraid the Home Office has been known to be mean in your kind of situation. I remember someone being refused because of getting a low sum of working tax credit a week. I think the sum was £7. I think that's very unreasonable as I do not think that low sum could be argued to be a burden on the social assistance system. I don't believe Child Benefit is classified as social assistance as it is not an income-related benefit, so I think you might be ok with that.

[toni34]

I'm afraid the Home Office has been known to be mean in your kind of situation. I remember someone being refused because of getting a low sum of working tax credit a week. I think the sum was £7. I think that's very unreasonable as I do not think that low sum could be argued to be a burden on the social assistance system. I don't believe Child Benefit is classified as social assistance as it is not an income-related benefit, so I think you might be ok with that.

Think I read that person's situation the wtc was showing on her accounts , the account I intending submitting does not show our benefits on both my 5 years accounts with my salary and my partners 5 years bank statement , and in that person's situation I think she won the appeal , i was thinking of ignoring the new application form section where they ask is to state the benefits we are in receipt of ,then write I cover note that she had been relying solely on the salary /income of myself .

[Petaltop]

I don't believe Child Benefit is classified as social assistance as it is not an income-related benefit, so I think you might be ok with that.

Child benefit is an income related benefit and it is also a public fund.

The EEA didn't work and seems to be claiming a right to reside in the UK as a self sufficient? Self Sufficients must not claim UK benefits because they are claiming they are self sufficient. Child Benefit, WTC, CTC ect are all benefits and should not have been claimed.

The Self Sufficient EEA must also have CSI for themselves and all their dependants.

we claim wtc and child benefit , will the fact that we claim those benefits make our applications to be rejected even though we rely solely on my income

You have been relying on UK benefits, when your wife's (and therefore yours) right to reside in the UK was based on free movement self sufficiency (not needing any support).

[Universal soldier]

I am not expert but transferring funds into EU national regularly is a good practice for self suffiency but claiming WTC and child benefit continuously for longer time can be harmful (if caseworker trace it).

[rosebead]

I don't believe Child Benefit is classified as social assistance as it is not an income-related benefit, so I think you might be ok with that.

Child benefit is an income related benefit and it is also a public fund.

I checked and so you are right; the rules changed on Child Benefit in January 2013. For all of my life in the UK it was always a universal benefit and not means-tested. I had not realised that they changed the rules. I never thought they would. However, contributory benefits (not means-tested) based on N.I contributions such as contributory Jobseekers Allowance are fine to claim without affecting the residency of a self-sufficient EEA national.

[toni34]

I am not expert but transferring funds into EU national regularly is a good practice for self suffiency but claiming WTC and child benefit continuously for longer time can be harmful (if caseworker trace it).

You said if they traced it that was my point , I have csi and any every other documentation . But my fear is will it be traced if non of our accounts are showing those benefits ?

[rosebead]

@toni34, how long have you been claiming Child Beneft and WTC? If it has been for only a short period out of the many years the EEA national has been living in the UK, I think it could be reasonably argued that the EEA national has not been a "burden" on the social assistance system.

[toni34]

@toni34, how long have you been claiming Child Beneft and WTC? If it has been for only a short period out of the many years the EEA national has been living in the UK, I think it could be reasonably argued that the EEA national has not been a "burden" on the social assistance system.

About 2 years out of the 5 years .

[rosebead]

I think you could probably get away with a few months but I don't think 2 years is going to work, I'm afraid. You can try an application without mentioning the benefits but there is no telling the outcome, as some caseworkers may refuse for the lack of information provided.

[toni34]

I think you could probably get away with a few months but I don't think 2 years is going to work, I'm afraid. You can try an application without mentioning the benefits but there is no telling the outcome, as some caseworkers may refuse for the lack of information provided.

I know my only hope is to reapply again if I they refuse me as my partner has started a job now .

[Universal soldier]

Ukba has link with benefits authority to check that but what I believe is that all such benefits an EU national worker can claim but in case of self sufficiency it may cause problem if these benefits has been claimed continuously for longer period. I also think in this case applying eea3 alone at first maybe better to get instant result.

[toni34]

Ukba has link with benefits authority to check that but what I believe is that all such benefits an EU national worker can claim but in case of self sufficiency it may cause problem if these benefits has been claimed continuously for longer period. I also think in this case applying eea3 alone at first maybe better to get instant result.

Yes that is what I intend doing , apply first for her wait for the outcome then apply for myself or get a new eea 2 if she was refused .

[Viktoria27]

It was my husband receiving £7 WTC. I was self-sufficient relaying on my non EU husbands income from self-employment. We provided HO with my husbands bank statements (no bank transfers to my account,only showing his savings, income,expenses and WTC). We were refused. However we later applied fo my EEA3 with same evidence (only insurance one was different) and I got my PR ,then applied for EEA4 and my husband got it as well thankfully . So it sometimes depends on your luck and the mood of the caseworker I believe.

[Universal soldier]

It was my husband receiving £7 WTC. I was self-sufficient relaying on my non EU husbands income from self-employment. We provided HO with my husbands bank statements (no bank transfers to my account,only showing his savings, income,expenses and WTC). We were refused. However we later applied fo my EEA3 with same evidence (only insurance one was different) and I got my PR ,then applied for EEA4 and my husband got it as well thankfully . So it sometimes depends on your luck and the mood of the caseworker I believe.

Thanks Victoria for sharing your knowledge which means my inexpert general advice as given above is right. However, in toni34 case his practice of transferring funds into EU national account for self sufficiency is very good which can lead to success. I still think that applying eea3 first alone is better to get quick result and to facilitate eea4.

[toni34]

It was my husband receiving £7 WTC. I was self-sufficient relaying on my non EU husbands income from self-employment. We provided HO with my husbands bank statements (no bank transfers to my account,only showing his savings, income,expenses and WTC). We were refused. However we later applied fo my EEA3 with same evidence (only insurance one was different) and I got my PR ,then applied for EEA4 and my husband got it as well thankfully . So it sometimes depends on your luck and the mood of the caseworker I believe.

Thanks Victoria you inputs has really enlighten me will have a rethink about how I package the application .

[toni34]

@ universal soldier I really appreciate your advise would have to repackage my application and see if it works