EEA2 partner, benefits?

[Janey142]

Hi there

Last year my bf was granted EEA2 as an over 21 dependant direct relative (son) on the basis of his Dutch father who was supporting him here. It was granted with the condition that he is entitled to remain here while his father lives in the UK, and if his father leaves the UK, he is no longer entitled to stay in the UK.

Because the EEA2 was granted, my bf has since been able to work, support himself, and eventually myself and him moved in together. But his EEA2 is based on his father still, not our relationship. My understanding is that this is correct and fine as his father lives in the UK and they don't have to be living together specifically.

So my question.. My bf has just lost his job, and my hours have temporarily been reduced to part time. If I claim housing benefit, and put his details on there as my partner, would it be my claim or would they be classing it as he is claiming benefits? I also worry that they will find some sort of issue with the fact that is EEA2 is from being the son of an EEA national and not to do with me. I don't believe this to be an issue but it almost seems not worth taking any risks of doing anything to jeopardise things or confuse the situation. I would rather borrow money or struggle than have them say he is claiming benefits he shouldn't or anything.

Thanks for any advice.

[secret.simon]

Just to clarify, what is your nationality and status in the UK?

[Janey142]

Just to clarify, what is your nationality and status in the UK?

I am British

[noajthan]

You may claim benefits in your own right but your bf residency is based on his sponsor & his continuing, proven dependency on his sponsor.

To get up to speed on public funds see:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[Janey142]

You may claim benefits in your own right but your bf residency is based on his sponsor & his continuing, proven dependency on his sponsor.

To get up to speed on public funds see:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Thanks for the link. That is the thing I have never fully understood, is that he was financially dependant on his dad, which was the reason he was granted it based on dependency. But obviously getting the EEA2 means he is no longer financially supported because it allows him to work. So I think that is the reason it simply said on the letter accompanying his EEA that his residency is based on his dad living in the UK and he must inform the home office if his dad leaves the UK. That is all it said.

[noajthan]

You may claim benefits in your own right but your bf residency is based on his sponsor & his continuing, proven dependency on his sponsor.

To get up to speed on public funds see:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Thanks for the link. That is the thing I have never fully understood, is that he was financially dependant on his dad, which was the reason he was granted it based on dependency. But obviously getting the EEA2 means he is no longer financially supported because it allows him to work. So I think that is the reason it simply said on the letter accompanying his EEA that his residency is based on his dad living in the UK and he must inform the home office if his dad leaves the UK. That is all it said.

The RC is not a visa, it just confirms status at the date of issue.

He is allowed to work as per case law that prevents discrimination or lesser rights than UK nationals.

Dependency does not mean he has to remain destitute. I think benefits would be a no-no though.

[Janey142]

You may claim benefits in your own right but your bf residency is based on his sponsor & his continuing, proven dependency on his sponsor.

To get up to speed on public funds see:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Thanks for the link. That is the thing I have never fully understood, is that he was financially dependant on his dad, which was the reason he was granted it based on dependency. But obviously getting the EEA2 means he is no longer financially supported because it allows him to work. So I think that is the reason it simply said on the letter accompanying his EEA that his residency is based on his dad living in the UK and he must inform the home office if his dad leaves the UK. That is all it said.

The RC is not a visa, it just confirms status at the date of issue.

He is allowed to work as per case law that prevents discrimination or lesser rights than UK nationals.

Dependency does not mean he has to remain destitute. I think benefits would be a no-no though.

So I can claim in my own right and can ask his dad to help him, as he would be using dependency as oppose to claiming from the benefits system.. if I have understood right. that makes sense actually, as its more that his dad should support him rather than UK tax payers money, for any financial straits. It didn't say anything that he had to live with his dad specifically so I am pretty sure ifs fine for him to be here as he was just to say if his dad leaves the UK. His dad also has his partner and son there now too so it made sense for him to come stay with me. Think if we wanted to get married that would be what would complicate things lol.

[noajthan]

You can get up to speed on direct family members of EEA nationals here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- pages 17-18 cover dependency

[Janey142]

You can get up to speed on direct family members of EEA nationals here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- pages 17-18 cover dependency

Thanks for the information. It seems those granted eea2 under direct family, the residency rights do not change even if the relationship changes. This has put my mind at ease.