PR Application self-sufficient claimed social benefit

[XABI]

Hi all,

I have been straggling for about 4 months with my EEA4 PR Application. First of all I am a non-EU and wife is EU national(German);

My wife came to UK on Feb/2006 as a student enrolled with one of the language course and attended to the course for about 1 year(didn't work).

I was here as a student we knew each other Jun/2006 were together and married on April/2007.

I applied RC under section as my wife is self-sufficient person and granted with RC.
I have been working full time for all this time (sep/2007- Present)
I had to re apply (Nov/2008) to RC for transferring the RC to my new passport and expires on nov/2013(self-suff.)
My wife got job for 2 months may-jun/2008 and quit the work by her own willing and after sometime fell sick with very serious disease and last for about 3 years treatment.
She claimed Disability living allowance for about a year and we also have been placed with council housing, but I always have been in employment for all this time.

Now my question is will these effect my application to PR as we applied self-suff. for the first and the second time. Also as I was always working my wife should not be considered as a worker that entitles her to social benefits.

Thanks in advance

[XABI]

Hi all,
Come on guys it's been days no one replayed .......

I have been straggling for about 4 months with my EEA4 PR Application. First of all I am a non-EU and wife is EU national(German);

My wife came to UK on Feb/2006 as a student enrolled with one of the language course and attended to the course for about 1 year(didn't work).

I was here as a student we knew each other Jun/2006 were together and married on April/2007.

I applied RC under section as my wife is self-sufficient person and granted with RC.
I have been working full time for all this time (sep/2007- Present)
I had to re apply (Nov/2008) to RC for transferring the RC to my new passport and expires on nov/2013(self-suff.)
My wife got job for 2 months may-jun/2008 and quit the work by her own willing and after sometime fell sick with very serious disease and last for about 3 years treatment.
She claimed Disability living allowance for about a year and we also have been placed with council housing, but I always have been in employment for all this time.

Now my question is will these effect my application to PR as we applied self-suff. for the first and the second time. Also as I was always working my wife should not be considered as a worker that entitles her to social benefits.

Thanks in advance[/quote]

[Obie]

I hate to say this but i think your wife cannot be classified as a worker and there is a possibility that when she stopped work in 2008 voluntarily after two months and fell ill, she lost her right of residence, except if you held a sickness insurance and had sufficient resources during that period.

The fact she went on disability benefit and other social security benefits, indicates that this was not the case.

I am afraid that when your wife fell ill, she could not reasonably be described as a worker who due to temporary illness ceased activity within the meaning of Regulation 5.

The consequence of this is that, from that period and henceforth, you cannot be considered as residing in UK in accordance with the Regulations and therefore dont qualify on the basis of the information you have provided for PR.

[XABI]

I hate to say this but i think your wife cannot be classified as a worker and there is a possibility that when she stopped work in 2008 voluntarily after two months and fell ill, she lost her right of residence, except if you held a sickness insurance and had sufficient resources during that period.
The fact she went on disability benefit and other social security benefits, indicates that this was not the case.
I am afraid that when your wife fell ill, she could not reasonably be described as a worker who due to temporary illness ceased activity within the meaning of Regulation 5.
The consequence of this is that, from that period and henceforth, you cannot be considered as residing in UK in accordance with the Regulations and therefore dont qualify on the basis of the information you have provided for PR.

Hi Obie,
Thanks for the reply first of all
I would say that my wife was on EIHC for all this time and also for the current time.

<<The fact she went on disability benefit and other social security benefits, indicates that this was not the case>>
when we applied for DVA I was working and also as indicated bellow;
12 things that won’t affect your claim
Disability living allowance (DLA) is a complicated benefit and many people, including some doctors, care workers and DWP staff, pass on information and opinions that aren’t correct. So we’d like to start by telling you 12 things that, no matter what you’ve been told before, don’t affect your right to claim DLA.

1 You’re getting any other benefits (except attendance allowance and some war pension or industrial injuries supplements) - DLA will be paid on top.
2 You’re working.
3 Your partner works.
4 You’re a student.
5 You have savings.
6 You haven't paid any national insurance contributions.
7 You don’t consider yourself to be disabled - DLA is for people with long term health problems which affect their everyday activities.
8 You’ve been told by a doctor, nurse, care worker - or anyone other than a welfare rights worker - that you won’t get DLA. Eligibility for DLA is a legal question, not a matter of medical - or any other - opinion.
9 You live alone and no-one is providing care for you.
10 You already have someone, a partner for example, providing care for you.
11 You’ve been turned down before. Many people who use our guides claim successfully after having been refused repeatedly in the past.
12 You do not want to spend money on personal care: you can spend your DLA on anything you wish.http://www.benefitsandwork.co.uk/disabi ... la-aa-cuts

[Obie]

Well Xabi the UKBA does consider Disability Living allowance as public fund, unfortunately.

The ECHI covers student and short term residence. It is not intended to cover long term self sufficient people.

I know there is a debate on the lawfulness of requiring CSI in light of the NHS and the fact that these restrictions dont apply to UK nationals.

However with the benefit aspect, you will have a bit of a fight, but one can't comfortably say you are doomed to fail.

I suspect you may need some legal guidance, as this is quite a complex matter, and may require lots of arguing.

I wish you all the best.