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Interesting Questions Regarding EEA Family Permit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Michaellind.
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Interesting Questions Regarding EEA Family Permit

Post by Michaellind. » Fri Mar 18, 2011 9:41 pm

Hi,

I Have been googling and googling but can't seem to find an answer that fits so hopefully someone here can help?

My Situation:
- I am working in the UK for the past 2 months having come from New Zealand (But I arrived on my German Passport).

- I have two kids who have both German and New Zealand Passports

- My unmarried partner of 10+ years only has her New Zealand Passport.

Q1: I would like to bring them here now that I have found a job, am I right in assuming my partner would need to apply for a EEA Family Permit, while my kids could simply just walk in? (with their German Passports).

Q2: If this is the case, in the EEA Family Permit application, there are questions about children and financial bits - should she mention the children here even though they wouldn't really belong to the permit?

Q3: In the application there are bits that mention about her financial situation, she is currently living with the kids at her parents rent and payment free. She is not working at present, so her income and expenses is virtually $0 is this going to cause an issue anywhere?
When she comes here she will be wanting to work.

Q4: If she arrives on a Family Permit, with the kids on their German Passports, can I apply for any part of the Child Tax Credit / Benefit once they are here?


Thanks for any answers to any of the questions!!

fysicus
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Location: England
Netherlands

Post by fysicus » Sat Mar 19, 2011 8:29 am

Q1: your kids, on the basis of their German passports, can enter and live in the UK without any restrictions (like yourself). Your partner can also enter the UK without a visa on her New Zealand passport. Once she is in the UK, she can apply for a Residence Card (form EEA2). Having an EEA Family Permit would perhaps save her some trouble if on arrival she is questioned about the purpose of her visit.

Q2: no need to mention the kids; they have UK entrance rights by themselves and don't need to derive it from you or your partner.

Q3: the financial situation of your partner is totally irrelevant under the EEA rules. What is important, is that you are exercising treaty rights, for example by having a job.

Q4: I don't know about this; may be somebody else does.

keffers
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Post by keffers » Sat Mar 19, 2011 4:40 pm

Q4: If she arrives on a Family Permit, with the kids on their German Passports, can I apply for any part of the Child Tax Credit / Benefit once they are here?

The cheek of some people!

fysicus
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Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Sat Mar 19, 2011 6:27 pm

@keffers: most of your posts (including the one above) are insinuating and not helpful at all! If I were moderator, I would probably ban you from this forum.

Tax Credits are a complicated way of making the UK income tax system a bit fairer (at least that is what I think was the government's intention), and EEA citizens living and working in the UK are entitled to those under the same conditions as British Citizens, end of story.

keffers
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Post by keffers » Sat Mar 19, 2011 7:19 pm

The reason for tax credits is nothing more than a system to manipulate the unemployment figures - part-time work for full time pay.

That's another story.

Good advice to those wishing to find their way through the maze of immigration law is one thing. To be enquiring about benefits before one has even set foot in the country, is as I wrote, a cheek.

Your cheap attempt to entice a moderator into censoring me makes it clear your understanding of British plain speaking is somewhat lacking.

Michaellind should concentrate on getting his documentation in order and not punting for benefits. Its what gives immigrants a bad name.

sjimoh112
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Post by sjimoh112 » Sat Mar 19, 2011 9:00 pm

Michaellind.

immigrant or no immigrant, it is your right to claim child tax credit and working tax credit if your are working here, paying your taxes and have got children. You are entitled to claim tex credit Michaellind.

@ Keffers
So what they haven't step a foot here, he is just planning for the welfare of he's wife and children. We are not here to condemn or complain about what people intend to do. This website is here to advice people and help fellow humans.

I'm sorry to say you're the one being cheeky here. If you're not willing to advice people, just move to other matters. Perhap you'll be suited to advicing people on JSA on behalf of the government.

Don't be quick to criticise, as you dont know what your circumstance will be tomorrow.
[Moderator Edit]

keffers
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Post by keffers » Sat Mar 19, 2011 9:19 pm

Gone, it would seem, are the days when all immigrants came to the UK to work for a better life. Its straight into the world of state benefits for some.

That's cheek.

mcovet
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Post by mcovet » Sat Mar 19, 2011 9:31 pm

You are allowed to apply for Child Tax Credits and Child Benefits as long as you are yourself exercising treaty rights AS A WORKER or SELF-EMPLOYED!!! You will be treated equally to the Brits when applying for any part of benefits they are entitled to in a similar situation. Your wife as well is entitled to the full social security benefits.

You MAY have to satisfy the "habitual residence" test- i.e. for the first 3 months of your stay you wouldn't be able to claim, as the same test applies to the Brits returning to the UK and proving they have been habitually resident, but after the 3 months- off you go.

@Keffers
It is not the fault of the immigrants to demand what they are entitled to by LAW. Whether this is right according to MORALS of some people is a different question, but morals have no bearing on laws!

Further, the social benefits culture in the UK invites relaxed attitudes of most people without ambitions living their lives off of benefits. I am not talking about those who genuinely qualify, but those who abuse the system- they are no less cheeky than those coming to the country from outside the UK!

So, you shouldn't be having a go at the particular immigrants, as much as you would like to and actually do, but rather be frustrated with the system which allows it! You are being ripped off by the government through taxes in other ways, much more a waste of funds than supporting those who qualify for help under CURRENT system.

So, just take this fact with a pinch of salt and get on with it, you can't keep the funds intact, there are thousands claiming of whom you would never even hear of, so to give practical advice to someone here is better than to scare them off!

keffers
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Post by keffers » Sat Mar 19, 2011 9:42 pm

Yes, the 'system' is at fault and it would be a fool who turned down financial assistance. If I were in that situation, I too would claim if it helped me and my family. What a cheeky person I must be!

My contention is that benefits should be of no concern to the would be immigrant and I think it tarnishes this forum which gives good, free advice about immigration bureaucracy.

mcovet
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Post by mcovet » Sat Mar 19, 2011 10:10 pm

If this forum was called "keffers' immigration forum", then I'd think you could suggest what can and what cannot be discussed. But until then, if you have no advice to give, let others advise, please.

Especially, as the statement below confirms, you contradict yourself so often on this forum that your opinion seems to lose any credibility.



keffers wrote:Yes, the 'system' is at fault and it would be a fool who turned down financial assistance. If I were in that situation, I too would claim if it helped me and my family. What a cheeky person I must be!

My contention is that benefits should be of no concern to the would be immigrant and I think it tarnishes this forum which gives good, free advice about immigration bureaucracy.

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