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Incapacity Benefit vs Exercising Treaty Rights.

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nea200pl
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Posts: 9
Joined: Tue Jun 12, 2007 11:56 am
Location: UK

Incapacity Benefit vs Exercising Treaty Rights.

Post by nea200pl » Thu Jan 10, 2008 9:14 pm

Hello, I hope this is correct forum to ask this. I am Polish national and have been living in the UK since 2001. After Poland joined the EU I have registered under Workers Registration Scheme, then applied for Residence Permit which I was granted in 2005.
I hold full time job and up till now I have been exercising my Treaty Rights.
After my Permit finishes I am planning to apply for Permanent Residence and then for Naturalisation.

Since 2001 I have been suffering from serious back problems which result in operation and me being on/off work since late 2006. Since June 2007 I have been off again which no real time prospect when I can go back to work again. I have been paid my sickness allowance in full and then Statutory Sick Pay respectively for consecutive 28 weeks until it finished last month.

My question is - is claiming Incapacity Benefit from the Government going to jeopardise my exercise of Treaty Rights and make my further application for Permanent Residence impossible to grant? I have been working hard to get immigration status I have now and I don't want to loose it.
Also my husband's Residence Card, with him being non-EU citizen, is dependant on me exercising Treaty Rights.
Please help.

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