EEA2 Resident Card

[nazmul2010]

Hi there,
I came to UK as a student of Tier 2 from Bangladesh September 2008. On 2011 I got married here and my wife is from Lithuania(EU nation). Now I applied for my resident card(24/06/2011) by filling the form EEA2 as a family member of EEA. We married after our long relationship on the 06/05/2011. My wife just given birth our son on the 14th of October. She was working before as a part time and now in Maternity Allowance because she worked less than 26 weeks with her current employer. She is still employed by them but in maternity leave now. I am still working part time and paying tax. We have applied for child benefit but still waiting for their decision. But we still haven't received our decision from home office for my resident card. Both mine and her passport is in home-office.
So that is my condition.....
And my questions are that-

1.Can my wife apply for Housing Benefit/Income support/Council Tax Credit? And those are going to affect my resident card Application or not?

2. After 5 years will I be able to apply for my ILR if I do not take any kind of public fund but my wife?

3. Can I bring my Mother/Sister and Sisters Husband as my extended family member? If yes when after getting my resident card or before as well?

[John]

Using your numbering :-

1. Housing Benefit? Yes. Council Tax Benefit? Yes. Income Support? No, that is just for people where no one in the family is working, but .... Tax Credits? Yes. Child Benefit? Yes. Such benefits will have no effect upon the application for a Residence Card. As soon as the two of you got married you acquired Treaty Rights. The Residence Card does not give you more rights, but it does confirm that you have those rights.
2. ILR? No .... never! Based upon what you have posted you will never ever get ILR. However PR ... Permanent Residence ... the EU-route equivalent of ILR ... yes, after exercising Treaty Rights in the UK for 5 years, you will get PR status. Benefit claims are irrelevant.
3. Extended family members? In what way are the people you mention dependent upon you?

The Tax Credits claim needs to be made in the joint names of you and your wife.

[nazmul2010]

Hi John thanks for your very quick reply because I am bit shortage of money but I need a separate house as well for my newborn. But one question about the Tax Credit-

when I checked UKBA website there it was written that if I as a student and foreigner apply for any kind of public fund it can cost me my resident permit application or after 5 years PR, is it true?

As we are couple we have to apply child tax credit and working credit together. And I am working at the moment so working tax credit will be on my name. So my big concern is that if I apply for my working tax credit can they reject my resident permit application as a ground of I am seeking public fund?
Or what can be long term affect if is there any?

By extended family member I meant only my Mother, Sister and Sisters Husband. Can they come in UK because they are still in the Bangladesh.

Thanks

[John]

when I checked UKBA website there it was written that if I as a student and foreigner apply for any kind of public fund it can cost me my resident permit application or after 5 years PR, is it true?

You are failing to to appreciate that your wife is the EEA citizen, and is exercising Treaty Rights in the UK. Accordingly the benefit claims are not a problem.

And I am working at the moment so working tax credit will be on my name.

No, no, no! The Tax Credits claim must be in joint names. For just one of you to claim Tax Credits would amount to benefit fraud.

By extended family member I meant only my Mother, Sister and Sisters Husband. Can they come in UK because they are still in the Bangladesh.

Can you answer my question please.

[nazmul2010]

Yes my mom will be dependent on me if she can come to uk.
My sister will be working if it is allowed to work.
My sisters husband will be also working if also allowed to work.

But sorry to ask you again about those benefits because from the solicitor I applied for my resident card I spoke to him today afternoon and he made me scared by telling that if my wife or me apply any public funds they can reject my application for resident card.

Am I allowed to take working tax credit even though my resident card application is in process?

Can they refuse me to give the resident permit

I am really really scared and depressed in this bad situation and no solicitors wants to give free advice.
That is why I really appreciate from my heart your free advice.
Thanks again....

[John]

Yes my mom will be dependent on me if she can come to uk.
My sister will be working if it is allowed to work.
My sisters husband will be also working if also allowed to work.

You have answered in the future tense, saying what will be the position if they come to the UK. But I am asking about now, the present, so again, are they dependent upon you now?

But sorry to ask you again about those benefits because from the solicitor I applied for my resident card I spoke to him today afternoon and he made me scared by telling that if my wife or me apply any public funds they can reject my application for resident card.

I am not totally surprised by that, but do not take my word for it. Instead read the UKBA document mentioned in the opening post in this topic.

Am I allowed to take working tax credit even though my resident card application is in process?

You are certainly allowed to apply, jointly with your wife, but don't be surprised if the matter takes a while to be agreed. But when it is agreed it will be backdated, at least to the date of birth of your child.

Can they refuse me to give the resident permit

Well no, your wife is exercising Treaty Rights as a Worker, that is as an employed person. That continues to be the case even though she is currently on maternity leave. Accordingly as she is exercising such Treaty Rights, you also have the right to exercise Treaty Rights.

[kmoney500]

HI,PLEASE MY WIFE IS A ITALIAN NATIONAL WE APPLIED FOR RESIDENT CARD I GOT MY CERTIFICATE OF APPLICATION THAT ALLOWED ME TO WORK IN THE UK,BUT STILL WAITING FOR MY RESIDENT CARD,WE ARE EMBARKING ON APPLYING FOR CHILD TAX CREDIT BUT BIT SCARED IF THAT WILL AFFECT MY ONGOING RESIDENT CARD..THANKS