more light pls

[DAMMYDAMMY]

Apologies pls to all senoir members,junior members n every1 on this forum,pls i have posted on another section before n dont know the right place to post after advice from one of the senior member,pls this is my case,
I have a valid rc till 2017,married with a chid,am non eea married to an eea,we are not living together but have kid which is with my wife,i am there almost everyday,the issue is,she is claimming hb,n live in a council house,she is entilted to work only 16hours a week,she has been out of work for 1year now bicoz of the birth of my child now shes ready to go back to work,pls will 16hours be enough as been exercising treathy right if n when i ll be applying for indefinate leave to remain/2,she will be 5years in uk next year,will i still need to provide proof of treathy right after her permanent resident status or only provide proof till she is 5years pls,ans will child benefit,child tax credit,housing benefit be a block for me to accquiring indefinate leave when i ll be due to apply for this pls.finally,if she dont want to work from now on,will she need to stop all this benefits or what will i do to get ready cuz i believe the journey starts now,pls i need your help.thanks

[wiggsy]

Apologies pls to all senoir members,junior members n every1 on this forum,pls i have posted on another section before n dont know the right place to post after advice from one of the senior member,pls this is my case,
I have a valid rc till 2017,married with a chid,am non eea married to an eea,we are not living together but have kid which is with my wife,i am there almost everyday,the issue is,she is claimming hb,n live in a council house,she is entilted to work only 16hours a week,she has been out of work for 1year now bicoz of the birth of my child now shes ready to go back to work,pls will 16hours be enough as been exercising treathy right if n when i ll be applying for indefinate leave to remain/2,she will be 5years in uk next year,will i still need to provide proof of treathy right after her permanent resident status or only provide proof till she is 5years pls,ans will child benefit,child tax credit,housing benefit be a block for me to accquiring indefinate leave when i ll be due to apply for this pls.finally,if she dont want to work from now on,will she need to stop all this benefits or what will i do to get ready cuz i believe the journey starts now,pls i need your help.thanks

I think you will find that she is entitled to work more than 16 hours a week.

the problem with our (uk) benefits system is, a lone parent can claim so much money by way of public funds that they only have to work 16 hours a week to make a fortune from the system.

this will mean to ALL benefit offices she is down as a single parent.

this WILL affect your claim for PR.

where are you living?
as a non-eea family member you must be JOINING the EEA national. this usually means living in the same house?

are you working?

also, you state she has been out of work for 1 year.

what benefits has she claimed during this year?
JSA or Income Support?

JSA keeps her "Worker" status. with Income Support she would loose it, and the 5 years to PR would start again... (as i read it)

she needs a continuous 5 year residence in a category of:
1) Student
2) Self Sufficient (no benefits and health insurance - NHS will not cover this)
3) Worker
4) Self Employed.

you can only get PR after she has 5 years in the category - as you need to prove her excersising treaty rights...

you also have to prove that you were living together from what i read...
(meaning couples benefits such as tax credits etc should be in joint names!)

[rachellynn1972]

I dont know about the benefit system but regarding eea residence card you are wrong with the answer, under eu law there is no requirement that spouse must live together under the same roof. You can be living in england and your wife or husband living in northern ireland as long as both livin in uk and still married, you are covered by the eu rules as a family member of an eea no matter what ever the benefit people write on their file.

[wiggsy]

but if here as the partner of an EEA national the claim must be as a partner... and therefore if she is claiming benefits as a single person, it would affect the leave to remain (are they a couple or not?)

if here as a partner etc, then the wife needs to ensure its a couples claim, otherwise BOTH could potentially be "had" for benefit fraud... - even if living "seperated" but if in a durable relationship - the partner must support the other person/family. both incomes are counted...

[rachellynn1972]

but if here as the partner of an EEA national the claim must be as a partner... and therefore if she is claiming benefits as a single person, it would affect the leave to remain (are they a couple or not?)

if here as a partner etc, then the wife needs to ensure its a couples claim, otherwise BOTH could potentially be "had" for benefit fraud... - even if living "seperated" but if in a durable relationship - the partner must support the other person/family. both incomes are counted...

You writting base on your own thinking but under EU Law they are not require to live together in relevant of what benefit claim or not. By EU Law relationship only terminate an eea spouse if they divource and until an apsolute decree is giving before he seized to be a family menber of an eea.
Even after that he can apply for ROR on its own right if both have been married for 3yrs and are Living in the country even if not living together. Eu law do not allow HO to dictate how a spouse of an eea should live. I am writting in regards to EU Law not what i think. He is a holder of an EEA RC not a Spouser visa that HO can dictate their lifes. He is entitle to a Permanent Residence not an indefinite leave after 5yrs. EEA is a different ball game compare to uk national law so OP is doing anything wrong even if his wife write single parent on the claim, what eu law want to know is... Are they still married? The answer is YES.
Claiming Benefite is another type of entitlement, if OP wife claim benefit as a single parent that do not stop the OP from getting his Permanent Residence. EEA will not ask if they are couple, EEA will ask if they are married and seperation alone do not terminate the right of residency, only a divource with an apsolute drcree terminate the right to residency and there is still an option for a Retention of Right. OP and the wife may be seperated and he can be seeing his children and by benefit law the wife is a married woman who is a single parent. it is left to them to claim a child support from OP or not, as long they are not living together i do not see anything wrong. and his immigration under EU Law is not affected.
Benefit fraud or not, that is with the DWP not his immigration. A direct family memeber of an EEA can apply for a residence card as many times as he want as long the EEA is exercising treaty right. the clock can be restarted as many times as they want but the EEA must be exercising treaty right for 5yrs before the NON EEA can get a permanent residence. It is the Law and that is it.

[wiggsy]

[quote="rachellynn1972
You writting base on your own thinking but under EU Law they are not require to live together in relevant of what benefit claim or not.

.....

He is a holder of an EEA RC not a Spouser visa that HO can dictate their lifes. ,,,,

[/quote]

law or not:
http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
(2.2.1 could pop into it here)... not really clear cut is it...