"Burden on the social assistance system" , what does it mean

[Kaba]

Hi guys,

I would very much appreciate if you could help me with that, since I am struggling for more than 3 months with this issue and I didn't get a concrete answer by anybody.

As an EEA passport holder, during my 5 years of presence in the UK, I was 5.5 months unemployed with 3 months receiving income based jobseeker's allowance and housing benefits. At the same time I did have comprehensive medical insurance. Obviously I was looking for a job and I do have evidence.

I was reading in some European directive that in order to assess if somebody is a burden on the social assistance system, questions have to be asked like: how much was the money claimed, duration etc.

So can anybody tell me if you think that receiving 3 months income based JSA and housing benefit would be a problem?

And another question: After 5 years of residence in the UK, do I have to apply for a permanent residence certificate or can I apply straight for naturalisation? That is confusing as well.

Thanks in advance for your help.

Regards

[oathkeeper]

Not answering your question ..

But why would you want to get rid of your EEA passport?

Apply for a permanent residency card. Keep your EEA passport.

That's what I would do.

[Kaba]

Hi oathkeeper,

I am basically from Greece and maybe in a couple of years Greece will not be part of the EU things are dangerous nowadays with Greece...

What do you mean not answering the question? Did I say something wrong?

[secret.simon]

After 5 years of residence in the UK, do I have to apply for a permanent residence certificate or can I apply straight for naturalisation?

Under EEA regulations, you automatically acquire PR after five years of being a qualified person (which includes both a worker and a job-seeker). I presume that to receive benefits, you would need to have to be registered at the Job Centre. That would help your case of proving that you were an active job-seeker.

After one year of having PR, you can apply for citizenship (unless you are married to a British citizen, in which case, you can apply immediately after getting PR). So, totally you need 6 years of being in the UK on your own or 5 years if married to a British citizen.

I am basically from Greece and maybe in a couple of years Greece will not be part of the EU things are dangerous nowadays with Greece...What do you mean not answering the question? Did I say something wrong?

What oathkeeper meant was that he was making a general comment on your post and not responding to a specific question raised in your post. You have done nothing wrong. It is just an English expression.

In two years, the UK may be out of Europe too. Will the EU exist in two years? I think so. Will the Euro exist? I have my doubts.

[Kaba]

Hey secret.simon,

hahahaha I completely forgot that UK is also having a referendum in due course about staying or not in EU. Anyway I agree with your opinion about the EU and the Euro.

Anyway, going back to my case. Yes, I was reading that after being "legally" resident for 5 years I should get automatically the PR. I was thinking that since I was receiving the benefits, that means that I did pass the "right to reside" test, which means that I was legally staying in the UK. After I received the benefits for 3 months, I am continuously working until now.

My only concern is the term "Burden on the social assistance system". By receiving benefits at the same time I was accepting helping from the social system, but at the same time I was proving that I did have a right to reside and that I was actively looking for a job. Yes you are right, I did register with the jobcentre.

So in your opinion, do you think that I will have any sorts of problems?

Regards

[a.s.b.o]

Hey secret.simon,

hahahaha I completely forgot that UK is also having a referendum in due course about staying or not in EU. Anyway I agree with your opinion about the EU and the Euro.

Anyway, going back to my case. Yes, I was reading that after being "legally" resident for 5 years I should get automatically the PR. I was thinking that since I was receiving the benefits, that means that I did pass the "right to reside" test, which means that I was legally staying in the UK. After I received the benefits for 3 months, I am continuously working until now.

My only concern is the term "Burden on the social assistance system". By receiving benefits at the same time I was accepting helping from the social system, but at the same time I was proving that I did have a right to reside and that I was actively looking for a job. Yes you are right, I did register with the jobcentre.

So in your opinion, do you think that I will have any sorts of problems?

Regards

My humble comment on the issue. After 1 year of full-time work (or equivalent) there is no habitual test. Meaning that you can seek social assistance. The 5.5 months out of 5 years will not amount to a "burden".

[Kaba]

Thanks

[a.s.b.o]

https://www.citizensadvice.org.uk/benef ... ence-test/

[Kaba]

Thanks a.s.b.o for the link

The reason basically why I was asking this question is because I did call the Home Office twice. I did explain my situation to them and both employees gave me a different answer: The one guy told me it's OK being unemployed and receiving benefits for up to 6 months, while the other guy told me that since I received even a single pound from benefits, I am not allowed to apply for PR. That's why I was not sure about my situation...

[oathkeeper]

Never listen to these guys on the phone.

They are paid to deter you from getting anything in the UK.

I know first hand where they told a lady she could not get ILR for her 16 year old daughter as she had to be under 16.

That we know is a lie.

[Kaba]

I will agree with you oathkeeper.

I was suspicious that this is case, them trying to deter you from applying for PR and Naturalization. Thanks for confirming that to me