I have a problem with Home Office.

[Audil]

Hello,

I live since 06/2008 in England, And further I have Income Support , Because doctor said you cannot work, I have in 2009 apply for Registering Certificate but my request become refused and Home Office told me you cannot living in UK because you not working in UK . I have self Dutch Citizen ( Netherlands ) and living with 3 children 2 children born in the Netherlands and 1 child born in the England,

I do not know what I must do.

[Ben]

Because doctor said you cannot work

Were you, at any time, working in the UK since you moved there in June 2008?

Are you aware that, as a Dutch citizen, you are not obligated to apply to the UKBA using form EEA1 in any case? But if you choose to, that's fine, and the ECO should have considered Chen at the very least.

[Audil]

Hallo,

No, Never work in uk. and further that is my fault i have self apply for EEA1 Form.

I do not i can cancel this request. I mean Registering Certificate EEA1.

Any Help

[Ben]

Then your right to reside in the UK is based on the ECJ ruling on Chen.

You have the right to reside in the UK with your EEA national children on the following conditions:

• You are the child's (or childrens') primary carer.
• You have sufficient resources for your children and yourself.
• You have comprehensive sickness insurance cover for your children and yourself.
• You do not become a burden on the public finances of the UK.

You are not permitted to receive income support, nor are you permitted to work or to open a business (hence you must have sufficient resources).

[Audil]

Hello,

But i receive al public funds. thus this is problem or no, if this is problem why i recieve , Child benefit , Child Tax Credit , Housing Benefit , Income Support , and al party know i have Netherlands Citizen, En Why give me a benefit.

[Ben]

You are claiming public funds which, going by the information you have posted here, you are not entitled to claim.

I'm not going to say anything more on this for now.

[Audil]

Hello,

Lock hier :

http://www.ukba.homeoffice.gov.uk/sitec ... cfunds.pdf

a) I’m a member of the family of an EEA
national - am I eligible for any benefits?
If you are living with another family member
who is an EEA national – for example, your
child or your partner – you may be eligible for

the following benefits:

• Child benefit
• A social fund payment
• Attendance allowance
• Severe disablement allowance
• Carer’s allowance
• Disability living allowance[/url]

[Ben]

may be eligible

May be eligible. You, based on the information you have provided here, are not eligible.

[Audil]

Hallo,

I have a question. Can you told me more about ECJ wat is that. Becuse i am EEA Citizen

Thanks

[Ben]

Hallo,

I have a question. Can you told me more about ECJ wat is that. Becuse i am EEA Citizen

Thanks

Certainly. The ECJ is the European Court of Justice.

[John]

Audil, are you living with a spouse or partner? If so, what is their nationality?

[Audil]

Hello,

Yes, I have a Partner and she have a Netherlands Citizen,

[John]

How is she exercising her EU Treaty Rights in the UK? Employed? Self-employed? Or how?

[Obie]

I am open to correction, but i don't think Chen rule will apply in this case.

The UK has implemented the Chen ruling into national Law as opposed to EU law. They have refused to accept the parent of EEA national child as family member under the EU regulation. To be precise, they imlemented it under Paragraph 257C of the immigration rules, as opposed to regulation 2006.

Besides the requirements they set for applicant under Chen, is such that, he will not be able to meet it.

We have to bear in mind that Mrs Chen's child had not started school in the UK, and had that been the case, she would presumably, have been covered under Baumbast ruling.

The OP would possibly be covered under Baumbast ruling, if the child are in school in the UK, and he is their sole provider, or living as a family unit, which i presume is the case.

You would have to make clear to the Home Office that you are applying on that basis and provide evidence that the children are in school, and he is contributing to their wellbeing.

[John]

Obie, I think we need to know more about the partner. Audil, could you please answer my question posted above.

Also Audil, if the two of you are not married, how long have the two of you been living together?

[Ben]

Yes, I have a Partner and she have a Netherlands Citizen

Ah! Would have been nice if you told us this from the start!

Perhaps it's my fault, but I took it from your first post that you live in the UK with your three children only.

Kindly answer John's questions regarding your partner, length of relationship and his / her activities in the UK.

[Audil1]

Hello,

Yes , We Married Long Time.

[Ben]

Hello,

Yes , We Married Long Time.

Ok, what does your spouse do in the UK?

[Ben]

Why are there two accounts here, Audil and Audil1?

Are they both the same person or is a third party trying to spoil the thread?

[Audil1]

Hello,

Yes , I have 2 Accounts, i have problem with my first account.


And about uw question , Benifa

I want in uk living as one EEA government, But i cannot work at the moment

[Ben]

Audil, what does your spouse do in the UK?

[John]

Audil1, if you want anyone to help you with your "problem", you really do need to tell us what your wife does in the UK. Is she employed? Self-employed? A student? Or what?

[Audil1]

Hello,

She is unemployment.

[Ben]

She is unemployment.

Has she ever worked in the UK?

[Audil1]

Hello,

No,