Housing, wtc, ctc, child benefits of EEA

moonlight82 · Post by **moonlight82** » Tue May 18, 2010 2:07 pm

Hi guys im new here and very happy to be here.
Thank you all who brought the life changing topics here and who helped them to solve many problems.

I have some questions and will appreciate your help..
I was on student visa in the uk
I am a non eea citizen and married to a A8 national who is exercising her treaty rights in uk.

my wife is living and working in the uk since april 2006 (1 year unemployed)
we got married in april 2007

I have been given RC for 5 years by HO which expires in dec 2012.

we took CTC, WTC ,CB since our daughter was born -16/09/2007

we were unemployed for more than a year and claimed jointly housing and council tax benefits as well as income based jobseeker's allowance

we both are working now and claiming WTC, CTC and CB.

my wife and me want to apply for PR next year and wondering taking benefits will affect her to get PR.

Will taking benefits affect us getting permenants residency in the uk in any way? specially me as a dependent.

I Called HM Revenue to cancel WTC, CTC claims and they said it is absolutely ok to take those benefit and won't affect.

please help us...

Ben · Post by **Ben** » Tue May 18, 2010 2:15 pm

moonlight82 wrote:Will taking benefits affect us getting permenants residency in the uk in any way?

To acquire the right of permanent residence in the UK, the only requirement is that you have been resident in the UK for the past five years in conformity with the provisions of Directive 2004/38/EC.

During your period of residence in conformity with the Directive, you are entitled to receive equal treatment with UK nationals. If a UK national is entitled to claim CTC, WTC and CB, you are too. Your right of residence is unaffected.

677ano · Post by **677ano** » Tue May 18, 2010 5:11 pm

Ben wrote:
moonlight82 wrote:Will taking benefits affect us getting permenants residency in the uk in any way?
To acquire the right of permanent residence in the UK, the only requirement is that you have been resident in the UK for the past five years in conformity with the provisions of Directive 2004/38/EC.

During your period of residence in conformity with the Directive, you are entitled to receive equal treatment with UK nationals. If a UK national is entitled to claim CTC, WTC and CB, you are too. Your right of residence is unaffected.

Ben thanks for this information

moonlight82 · Post by **moonlight82** » Wed May 19, 2010 10:44 am

Ben wrote:
moonlight82 wrote:Will taking benefits affect us getting permenants residency in the uk in any way?
To acquire the right of permanent residence in the UK, the only requirement is that you have been resident in the UK for the past five years in conformity with the provisions of Directive 2004/38/EC.

During your period of residence in conformity with the Directive, you are entitled to receive equal treatment with UK nationals. If a UK national is entitled to claim CTC, WTC and CB, you are too. Your right of residence is unaffected.

Thanks a lot BEN..

86ti · Post by **86ti** » Wed May 19, 2010 10:59 am

See also Chapter 12.

moonlight82 · Post by **moonlight82** » Thu Mar 08, 2012 11:37 am

Hi Guys Thanks again for your advice and I ask you for some more advice as the matter gone worse since I last post here.

Here is my brief story……

I came to UK as a student in Nov 2004. My wife came to UK in July 2006 and started her job in the same month (Registered with WRS). We were married in March 2007. I have been given 5 yrs visa which expiring in Sep 2012.My wife left her job Nov 2008 and found another job in Nov 2009 (1 yrs jobless) for 2 months only(Christmas temp). She finished that job Jan10 and found another in April 2010.

As I was jobless from Sep 2008 (before my wife), I was registered with job centre and sign every 2 weeks. It was a joint claim for job seeker for me, wife as we have a daughter.

We are separated since August 2010 and live apart and our daughter (4 yrs old) does not live in the UK (she took her to my mother in law which I don’t want).

My wife is living with another guy with who she I s pregnant now.

My wife is insisting me for divorce but I am refusing.

For my wife’s unemployment period she has 12/15 job interview/ job rejection letters.

My wife is not willing to help me with docs or sometimes she demand large amount of money.

Can I Apply for PR now as we are married for 5 years? Or if I divorce her now will be able to stay in the UK (as she is unemployed now due to pregnancy difficulty)

Pease feel free to ask any question regarding this matter and give me some constructive advice and show me some lights of hope.

Post by **Obie** » Fri Mar 09, 2012 1:44 am

Your situation is a bit complex because she is not working at present. So even if you file for a divorce you will be unable to show that she has been exercising treaty rights prior to your divorce being finalised.

You cannot apply for PR as there are some unexpained gaps in treaty righr
ts that may need to be tidied up or explained constructively, and furthermore i am unsure if she will be prepared to provide her passport for that purpose.

The marriage seem to have irretrievably broken down, i am unable to see how your interest has been served by resisting the divorce.

I wish you all the best mate.

moonlight82 · Post by **moonlight82** » Fri Mar 09, 2012 9:35 am

Hi Obie,Thanks for your reply.
When my wife was unemployed at the same time I was unemployed, so I signed at jobcenter and it was joint claim. her name was on the application. She was looking for job from NOV 2008 to October 2009 and found a temp job in Nov 09 for 2 months which ends in Dec 2009.

Again she was looking for job from Jan 2010 to March 10 and found 1 in April 10 which she finished in Dec 2011 becouse doctor said it was risky for pregnancy and advised not to work.

I have around 12/15 job interview /job rejection letters which cover her unemployed period.(on her name)

Waht about my daughter? she forceably took her to her country which I always object. Cant I do anything about that?

Ive her certified passport copy.

I dont want to divorce her right now as i May not be able to prove that my wife is exercising treaty right( although it is doctor's advice)

I am not sure what my status will be after my visa expires and hope she may start work in the futue (after birth)

Please let me know if there any way/option available for me?

I am looking forward to hearing from you.

Millions of thanks...

moonlight82 · Post by **moonlight82** » Fri Mar 09, 2012 8:36 pm

Hi Friends!

Anybody has any suggestion/ advice?

Plz give me some idea what to do.

Thanks

Post by **Obie** » Sat Mar 10, 2012 1:32 am

There are various issues here, which are too numerous to be dealt with on a forum.

You will need to proceed with divorce before the question of Retention of Rights or PR can be discussed. The sooner you seek the divorce, i believe the better.

You will need to consult a family solicitor who can deal with the issue of your child.

If you can get the court to order that your child be brought back to the UK and orders that access or shared custody should take place in UK, then this will boost your chances for retention immensley. Apart from that, i believe getting access to your childs life and playing a part in his/her upbringing is necessary.

The issues with the job seeking and temporary inability to work, may be provided for in law provided it is all fully documented.

moonlight82 · Post by **moonlight82** » Sat Mar 10, 2012 10:56 am

hi Obie, Thanks again.

As per as I know,I will be to unable to retain the right of residence if I fail show HO that my wife was exercising Treaty right (being employed) from starting time to finalizing time of divorce.

Will HO accept doctor's letter that advice her not to work.

I am not divorcing her now as she may start work after pregnancy and at that time it may be easy for me to apply for Retaining ROR.

I have regular communication with my daughter via Skype and visit her every 4/5 months. I also pay for her study and expenses.

I want my daughter to be with me or at least have share custody..
Can I force my wife to bring my daughter into UK?
What is the chance?

Plz let me know.

Post by **John** » Sun Mar 11, 2012 8:08 am

As per as I know,I will be to unable to retain the right of residence if I fail show HO that my wife was exercising Treaty right (being employed) from starting time to finalizing time of divorce.

There are a number of ways to exercise Treaty Rights, and it is not necessary to show that she was employed, in particular.

OK, she was employed, and then she became unemployed. More detail please. Simply, what caused her to become unemployed?

moonlight82 · Post by **moonlight82** » Sun Mar 11, 2012 2:56 pm

Thanks John,

I know a person can exercise treaty right in diffrent ways. she exercised treaty right as a employed.

As you see we are separated, she doesnt listen/ co operate me abt her exercising treaty right. More over she claims benefit on my daughter name even though she(daughter) doesnt live in uk.

My wife told me that her doctor adviced her not to work as it is risky for pregnancy.

My serious concern is that I may lose job as my visa expires in Sep. there is no chance of my wife starts her job this year.

plz have a look at top and any advice?

Thank you again

Post by **John** » Sun Mar 11, 2012 4:32 pm

My wife told me that her doctor adviced her not to work as it is risky for pregnancy.

So she gave up her job voluntarily, on doctor's advice?

moonlight82 · Post by **moonlight82** » Sun Mar 11, 2012 8:37 pm

It was doctor's advice to leave the job.

Post by **Obie** » Mon Mar 12, 2012 2:38 am

It could be argued that Regulation 6(2a) is applicble in this case.

Post by **John** » Mon Mar 12, 2012 7:25 am

he is temporarily unable to work as the result of an illness or accident

The problem is that there is a potential problem showing that pregnancy is either an illness or accident.

Post by **Obie** » Mon Mar 12, 2012 8:13 am

I understand it is not. However if you are adviced by a doctor that working will endager your life or that or your unborn foetus, then it can reasonable be assumed you are not fit to work due to illness. The pregnancy itself is not the illness as thousands of people work during pregnancy. However the person is unfit to work, as working will exercebate the condition that will put their lives at risk.

Simply saying one cannot work because of pregnancy is not sufficient, but if working will trigger condition such as pre eclampsia or placenta previa, then the pregnancy becomes as illness which makes them temporary unable to work.

In this context i believe illness will be given a broader definition, to be compatible with community law.

moonlight82 · Post by **moonlight82** » Mon Mar 12, 2012 8:16 am

@John. so is regulation 6.2a not applicable in this case?

Post by **John** » Mon Mar 12, 2012 10:08 am

moonlight82, I cannot add to what Obie has posted above, which I think is a very good analysis of the position.

That is, simply being pregnant, is not sufficient, but being ill as well will greatly assist, as regards continuing to exercise Treaty Rights as a "worker".

moonlight82 · Post by **moonlight82** » Wed Mar 21, 2012 5:41 pm

Thank you all, specially Jhon and Obie,

after getting your advice regarding Pregnancy of my wife, I have tried to get some information
about pregnancy like why doctor asked her to leave the job or what is the actual problem with pregnency or any sickness that affecting her.

wife is not willing to tell me anything or help me with documents.

She is abusing and threating me to deport from UK

I am very helpless and want to bring my daughter back to uk[/b]

What is the best way and how should I proceed?

plz advice me and show me some ways.

Thanks Again.......

Post by **Obie** » Thu Mar 22, 2012 1:02 am

I really sympathies with your situation. However there is very limited help i could give on this forum for family matters, as this is an immigration forum, and it will not be fair to turn it into a family law advice forum. All i can say is Try Family Mediation, Then legal advice, or if you want to go alone try Form C67.

Wish you all the best mate.

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Housing, wtc, ctc, child benefits of EEA

Housing, wtc, ctc, child benefits of EEA

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