Hello everyone.
I was wondering if anyone could advise me on this issue. The details are stated below;
Non eea national of eea national has finished 5 yrs continuous stay with her sister - the eea national. The Non eea national applied for the PR and was refused. The non eea national appealed but lost. However, the determination of the courts was that the non eea national is indeed a family and household member of the eea national but due to lack of documents presented by non eea national the court stated that the non eea national was not totally dependent on the eea national etc etc !!! There is no deportation or removal in this case and non eea national is still allowed to live in the UK.
The non eea national is a single mom who has 2 kids (9 & 5 yr olds) and was receiving working and child tax credits but these have been stopped as the HMRC requested the non eea national's passport which is still with HO but the COA was sent and HMRC refused to accept this as proof of the non eea's recourse to public funds even though these have been paid for the past 3-4 years.
The weekly child benefits have also been stopped as HMRC requests to see the kids birth certificate wanting to know if the were born in the UK ( they were both born in the UK). The birth certificates has been sent to HMRC a few days ago and a response is being awaited.
Can any esteemed member please offer any advise on the non eea's eligibility to keep receiving working & child tax credits and child benefits (can you kindly provide links to any legislation)
Also, has there is no deportation or removal, is the non eea national still legally able to continue in employment ? This is because the work place requires to see the non eea national's passport or right to work.
Your great response(s) is/are greatly valued
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