Eea Permanent Residence seperation

[Qur123]

Hi guys,

I need advise as my situation is as follows:

I have been married to EEA national will be completing 5 years of marriage in December 2016. We have 3 year old child together. I have the residence card which runs out in 2017 July.

Things were not fine between me and my wife and we had been living separately since November 2015. We started the divorce proceedings from the same time. The divorce has still not been confirmed yet not even decree nisi. We now want to get back together and stop the divorce process. However my wife whilst we had been separated, she was claimimg benefits also working as well at the same time.
My question is now that we want to get back together, since the divorce is not done yet and with my wife claiming benefits, can I still apply for Permanent Residence.

Please guys I am in real need for your advice. I always look up on this forum for whatever advice I need.
Looking forward for some help.

[noajthan]

Means-tested benefits may be fine.

In order to acquire PR for herself and you sponsor/spouse needs to have been exercising treaty rights continuously for 5 years.
And with no prolonged absences from UK (yours or hers).

Has all this happened?

[Qur123]

Thank you for your prompt reply. Yes we have been working continously and never left the UK longer than 1 month in all these times.

Also what does means tested benefit stand for?

[noajthan]

Thank you for your prompt reply. Yes we have been working continously and never left the UK longer than 1 month in all these times.

Also what does means tested benefit stand for?

Only sponsor has to work. Your activity is immaterial in an immigration context.

Means-tested means benefits such as:

• Working tax credit
  Child Tax Credit
  Universal Credit
  Housing Benefit

[Qur123]

Hi,

Yes she has been working throughout the time and she only had the housing, child benefit, child tax credit.

Do you know if there are any restrictions on PR on the basis on the above mentioned benefits. Also she has stopped taking them now that we are back together.

Please help with your advice.

[noajthan]

Hi,

Yes she has been working throughout the time and she only had the housing, child benefit, child tax credit.

Do you know if there are any restrictions on PR on the basis on the above mentioned benefits. Also she has stopped taking them now that we are back together.

Please help with your advice.

My understanding is its reasonable to access means-tested benefits that the recipient is entitled to.
But noone should be an undue burden on the state's social assistance system.

There's not a lot of guidance for workers.
There's a good explanation here but it applies more to economically-inactive persons rather than workers;
https://www.freemovement.org.uk/refusal ... nationals/

Anyway, did/does sponsor's income pass MET/PET tests?

[Qur123]

Hi,

Yes she had passed the earnings Test.

Would you able to advice what can be the scenario given all my facts? Would I given another Residence card if this is an issue?

Many thanks

[noajthan]

Hi,

Yes she had passed the earnings Test.

Would you able to advice what can be the scenario given all my facts? Would I given another Residence card if this is an issue?

Many thanks

Based on stated facts it looks like you may be able to apply in or after December (if you have been married and sponsor has at least 5 years of treaty rights by then).

Suggest assemble all supporting evidence.
Have a dry-run at completing PR form.
See how it shapes up.

[Qur123]

Thank you very much for your advice. I have got all the relevant documents to support the application.

I will keep updated regarding this.

[Obie]

Why was she not receiving working Tax Credit. You said child tax credit. Even people who are not working get child tax credit.

Was she actually undertaking genuine and effective employment?

[Qur123]

Hi Obie,

Yeah she was working on avg. of 22 hrs pw. This is what her contact is with Tesco.

Apologies Yeah she did receive work tax credit too.

[Noetic]

I can't help just wanted to say best of luck to you - with children involved it's always nice to see people getting back together.