EEA2 applicant with EEA partner - claiming ?

[Frudo]

Hello there ,
As said on topic i am waiting for the resident card as my partner is working and completed WRS. Neither me nor my wife is claiming/had claimed any sort of benefit , but recently i was made redundant
Now we are feeling the bite little by little as the household is on her solo salary now.
As i am turkish and she is hungarian , we think we can be entitled to some relief... But in the long run as discussed in several topics , both she and i will be applying for a permanent residency and dont want this to be declared back to us as an excuse for rejection.
Due to circumstances beyond our controll, though hard to say , we are now in a so called low income group trying 2 survive.
I have worked 3 years and she is still working after 4 years.

I would sincerely appreciate if any of the guru's can enlighten me on my nightmare.

[John]

Hi, have a look at this webpage, and in particular read :-

As an EEA worker you have to pay the same tax and become entitled to the same welfare benefits as British citizens in the same situation as you.

So no problem you and your wife jointly claiming Tax Credits, and possibly Housing Benefit (if you are paying rent) and Council Tax Benefit.

Roughly how much is your wife earning?

[Frudo]

Hi there again,

She is on 14K roughly full time p/y , and yes we are renting from a private landlord , paying tax to council.
Thanks

[John]

It is certainly worthwhile submitting claims for Tax Credits, and also Housing Benefit/Council Tax Benefit.

[Frudo]

It is certainly worthwhile submitting claims for Tax Credits, and also Housing Benefit/Council Tax Benefit.

hi John, thanks for the quick response, as for claiming these, will it be on my name or both? also i am assuming it will not be a problem in the future for the upcoming applications ?
Thanks in advance

[John]

In respect of a couple living together, the Tax Credits claim must be in joint names. For the other claim, your wife should be submitting that.

Such benefit claims will have no impact upon subsequent claims for PR under the terms of the EU Directive.

[Frudo]

[quote=] Such benefit claims will have no impact upon subsequent claims for PR under the terms of the EU Directive.[/quote]

And is it better to wait for the outcome of EEA2 or do it now ?
Thanks

[John]

The point is this, there is nothing in the EU Directive about benefit claims having any effect. Your wife continues to exercise her EU Treaty Rights as a Worker, so there is no problem.

You have an entitlement to the Residence Card, irrespective of any benefit claims, because your wife is exercising her EU Treaty Rights.

[Frudo]

Hi John,
Let me say you made my day , this whole thing of benefits is a bit to much for me to be honest , seing everyone on benefits and not working i must say i felt stressed even thinking about it at the begining. But also if its a right , even for the limited time i sure will stand on it.
From the day you are married to an eea citizen , no matter what ur own nationality , as long as your partner is titled for treaty rights , you have the same rights as she has isnt it ? say for free movement , or for benefits.
One absurd quest. though , and i am sure no one has asked this.
Lets say you lived and worked here and paid all taxes , contributed into society and community as much as you can , but because of the recession u are in urgent need of financial help, you get it for the time being , until you are economically sufficent and no longer in need of benefits.
Is there a way to pay back all you have claimed so to keep up with the flow for other (desperate) people in need of help ?

[John]

I believe it is always possible to make a gift to HM Treasury. I believe they have a fund for the Reduction of the National Debt.

[Frudo]

hi , thanks for the responses.
here is a couple of handy pages i have been through.
direct gov benefit page for EEA
http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_170638

http://www.entitledto.co.uk/
shelter for housing
http://england.shelter.org.uk/get_advic ... _allowance

European Casework Instructions / EEA all
http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/

Hope that helps guys

[jundoc]

John,


What if it was the other way round? I mean I (non-EU, Residence card holder) who works and pays taxes and my wife (the EU national) stays at home, would claiming benefits (CB, CTC) affect our EEA3&4 applications when they're due?

Briefly, my wife (EU) has not worked neither paid a penny tax in this country and she is exercising her treaty rights (I believe) as self-sufficient or as student. When my wife made the EEA1 application she ticked the two boxes (self-sufficient and student) and enclosed evidence of both (bank statements and a college letter). Later we've been granted the Registration Certificate and Residence Card, and till today we don't know how my wife is considered to be exercising treaty rights. Few months ago our claim for CTC was approved. So my point is will claiming CTC affect our EEA3&4 after we complete 5-year residence in the UK?