marriage to bulgarian national

badmaash · Post by **badmaash** » Sat Nov 02, 2013 9:15 pm

i need some advice regarding marriage to a bulgarian national i am a uk citizen and on benefits sea dla

she is currently in bulgaria i want to know do i need entry clearance and if i marry her will she be entitled to benefits

just to add i am going through divorce with my last wife

so could i bring here here as my girlfriend as i am able to do islamic marriage which need no authorisation

Post by **Casa** » Sun Nov 03, 2013 11:08 am

An islamic marriage isn't recognised under British law. There is no 'girlfriend' visa. However as a member of an EU state, she can enter the UK freely.
Here's a link regarding current rules on employment.
http://www.ukba.homeoffice.gov.uk/eucit ... a-romania/

badmaash · Post by **badmaash** » Sun Nov 03, 2013 12:48 pm

so if we live togather will she be entitled to benefits

Post by **Casa** » Sun Nov 03, 2013 12:57 pm

Possibly. Have a read through this links to conditions.
http://www.adviceguide.org.uk/england/b ... ls_hrt.htm

Post by **Amber** » Sun Nov 03, 2013 1:04 pm

For the first 3 months you should have the right to reside and claim public funds as a Bulgarian National. After that time, in order to claim public funds you need to have the right to reside. That is namely by exercising treaty rights, e.g. self-employed and registered with the HMRC or working with the right to do so.

badmaash · Post by **badmaash** » Sun Nov 03, 2013 2:33 pm

so if we staying together as a couple after 3 months will she get benefit as i want her to my carer

also is it better if i bring her in 2014

Post by **Amber** » Sun Nov 03, 2013 7:08 pm

For the purpose of the employment restrictions, they will be relaxed on on 31 December 2013, so coming now and preparing for things may be a better idea.

Post by **Obie** » Sun Nov 03, 2013 10:48 pm

D4109125 wrote:For the first 3 months you should have the right to reside and claim public funds as a Bulgarian National. After that time, in order to claim public funds you need to have the right to reside. That is namely by exercising treaty rights, e.g. self-employed and registered with the HMRC or working with the right to do so.

I am not sure the above is accurate. They have no right to do this. They are subject to transitional restriction. Cannot claim jobseekers benefit, and they havev to have a right of residence to be able to claim benefit.

The directive confers on memberstate to restrict the access of benefit in tge first 3 months of residende.

Post by **Amber** » Mon Nov 04, 2013 6:26 am

Indeed Obie, thank for your correcting me, I should have been specific, the right to claim child benefit and child tax credits only during the first 3 months. Other benefits may be claimed by the British partner so far (for means tested benefits) as s(he) is considered habitually resident.

Post by **John** » Mon Nov 04, 2013 6:46 am

So badmaash you are wondering if she would get Carer's Allowance? Have you checked the eligibility conditions?

Note that as she has been living in Bulgaria the "have been in Great Britain for at least 2 of the last 3 years" condition does not apply.

badmaash · Post by **badmaash** » Mon Nov 04, 2013 7:16 am

is that a yes or no

Post by **vinny** » Mon Nov 04, 2013 7:32 am

See also Welfare benefits for EEA nationals: Is the refusal of benefit proportionate?

Post by **Amber** » Mon Nov 04, 2013 8:51 am

The issue for Carer's Allowance is that in April 2013, for new claims, the habitual residence test was included for this benefit. I suggest you go to your local Citizens Advice Bureau and ask to see a Welfare Rights Specialist as the CAB has access to a specialist support network.

Post by **John** » Mon Nov 04, 2013 9:51 am

is that a yes or no

You tell me! You have not given us enough details about whether the eligibility conditions are met. You are focussing here on just one aspect, but what about all the other conditions?

badmaash · Post by **badmaash** » Mon Nov 04, 2013 10:48 am

well she is still in bulgaria she is coming to the uk in january thats when we will be living together at present I'm am getting sea (support grp) dal hrc lrm and getting the severe disability premium as i have no carer so when she comes i just want to know will we able to get esa at couple rate and carers for her

thank you all for your time

Post by **Amber** » Mon Nov 04, 2013 11:03 am

You will lose the SDP on your ESA as you will not be classed as living alone when your spouse moves in. You receive the correct benefit for a CA claim to be made (Middle or Higher rate Care DLA). However, she's got to satisfy the Habitual Residence test which may be the issue.

badmaash · Post by **badmaash** » Mon Nov 04, 2013 11:05 am

how does she satisfy that ?

being my partner is that enough , also she will be my carer

badmaash · Post by **badmaash** » Mon Nov 04, 2013 11:09 am

how long does she have to be resident to get benefit

Post by **Amber** » Mon Nov 04, 2013 4:19 pm

See here (click) to learn how your spouse may satisfy the HRT.

Post by **Casa** » Mon Nov 04, 2013 4:40 pm

Amber, bear in mind the couple aren't married.

Post by **Amber** » Mon Nov 04, 2013 5:02 pm

Thanks Casa, it had slipped my mind.

badmaash · Post by **badmaash** » Mon Nov 04, 2013 5:09 pm

when it says sea national does that mean uk nationals too ?

also if we get married will that be better

Post by **Amber** » Tue Nov 05, 2013 9:33 pm

D4109125 wrote:The issue for Carer's Allowance is that in April 2013, for new claims, the habitual residence test was included for this benefit. I suggest you go to your local Citizens Advice Bureau and ask to see a Welfare Rights Specialist as the CAB has access to a specialist support network.

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marriage to bulgarian national

marriage to bulgarian national