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5 years resident card and claiming benefit.

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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lolik12345
Newly Registered
Posts: 25
Joined: Wed Apr 08, 2009 10:20 pm
Location: LONDON
United Kingdom

5 years resident card and claiming benefit.

Post by lolik12345 » Wed Aug 19, 2009 7:55 pm

Hello,my husband from Latvia and I'm Russian we been married in 2007 I have 5 years resident card and I have one child hwo is 4 years old,he was born from previous relationship,child also has 5 years recidency.we had difficult relationship with my husband so we are not divorce but he lives with different women,I have lost my job,and now I am working part time,also i have my mortgage to pay and all other expences,last month I applied for child tax credit and working tax credit and when they asked me about my husband I told them that we are seperate and they start to pay me.The question is does this benefits will effect my status and do I have to inform HO that I am not living with my husband?What they can do send me back home or I have different options?and also my mortgage, big amount I borrowed from bank can they send me back even if I have house and make payment on time.I hope in the future can find good job for myself now my family supporting me.I dont really know what to do.If anyone can help with advice pls.Regards.

ciaramc
Senior Member
Posts: 552
Joined: Mon Jan 15, 2007 10:43 am

Post by ciaramc » Fri Aug 21, 2009 9:46 am

Lolik I'm not sure you can claim benefits...but of course I'm not expert....wait for confirmation from one of the others eg John.

But I'm not sure of your status in the UK now as you are no longer living with your EU spouse have a read of this

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Aug 23, 2009 3:01 pm

Please see this Public Fund note for EEA nationals and their Non-EEA family member.

If your husband is working (EEA perspective or Self employed) and you are working too, you are able to claim benefit, eg Tax Credit and this will not affect your residency.

If your husband is claiming to be self-sufficient and still claiming benefit, the HO will need to assess whether or not he is an unreasonable burden to the social fund system, before curtailing his residency.

You are considered a family member under EU law, up to the time the divorce absolute is issued. Therefore your separation will not have an effect on your residency, provided he is still exercising treaty rights and resident in the UK.
Smooth seas do not make skilful sailors

lolik12345
Newly Registered
Posts: 25
Joined: Wed Apr 08, 2009 10:20 pm
Location: LONDON
United Kingdom

Post by lolik12345 » Thu Aug 27, 2009 7:30 pm

thanks so much for all your replies.just want to explain little bit more about situation,my husband has very good business before we run it together.his income very high but because we are seperate and he does not help me no more i applied for tax credit as a single parent and they paying me.not sure am i right or wrong but i have to survive untill i find better job.when we were married always think is forever never thaught it will be happened with me.PLEASE CAN SOMEONE HELP ME WITH RIGHT ANSWER,when i can apply for permanent resident?and do i have to inform HM revenue about husbands income if we still no longer together. Kindly Regards all of you.

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