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Document Certifying PR, RC for EEA Family Member vs Benefits

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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

Document Certifying PR, RC for EEA Family Member vs Benefits

Post by nea200pl » Mon Sep 06, 2010 8:55 am

I read sticky topic Benefits: affecting IRL but I couldn't find anything here related to my problem.

I am EU national (Polish) my husband is from Ghana.

In 2009 I lost my job and my husband is and will be supporting me financially. We haven't been claiming anything up to this date.

I was granted Document Certifying Permanent Residence last month and next year August I would like to apply for Naturalization.
My husband's Residence Card of a Family member of an EEA National expires November 2012, after that he will be applying for his Permanent Residence and then probably for Naturalization.

I also recently found out I'm pregnant and baby is due this December. Letter, which I received together with my documents, states our child can be registered as British Citizen. That is what we will do.

As I said I haven't been claiming single penny from the government since I came to this country in 2001. However now, with baby on the way we need help.
I want to apply not only for Health In Pregnancy Grant, Sure Start Maternity Grant, Child Benefit, Child Tax Credit , Child Trust Fund but also for help with housing as with my husband being sole family supporter we cannot afford to rent anything apart from one room in a shared house, which is not suitable for two adults and a baby.

My question is can I claim anything from that list without my husband's future applying for Permanent Residence being compromised or is there any other help available? I don't really worry about my planned naturalization, if it doesn't happen then tough, but I do worry about his emigration and help for our child.

I tried to look on the internet but I couldn't find anything related to my query and UK Border Agency website is unhelpful as always.

Please help.

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Sat Sep 11, 2010 2:38 pm

As you are a permanent resident you may apply for some benefits (I am not well-versed in this area so will not be too specific).

However, as your husband is hoping to attain PR via the EU route you will need to continue exercising treaty rights in some category until he qualifies. At present, your husband financially supporting you implies that you are self-sufficient, but this may be challenged if you claim benefits for a substantial period and the UKBA deem you to be a "burden on the state'. 'Self-sufficiency' is a treaty right but requires that you have comprehensive sickness insurance for all the family. You may think - NHS registration/card - and will be right to, but the UKBA rarely accepts this. It seems that their interpretation of CSI is private medical insurance.

Wait for the moderator - John - to reply. He is well versed in the law on benefits and how they may affect rights of residence.

Your soon-to-be born child is 'secure' in that s/he can be registered as British upon arrival.

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

Post by nea200pl » Thu Sep 30, 2010 6:35 pm

Thank you for your answer and advice Plum. I will wait for John to speak on this matter.

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