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Exercising treaty rights- does it stop with benefits?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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

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Aleccia
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Posts: 22
Joined: Wed Dec 04, 2013 1:55 pm

Exercising treaty rights- does it stop with benefits?

Post by Aleccia » Mon Apr 07, 2014 1:05 pm

Hello everyone.

I have been exercising treaty rights in the UK since 2008 (employment and studying with CSI periods). I'm just about to apply for my newborn's first passport (British passport) as 'settled' in the UK and I am also about to apply for child benefit and working tax credit.

I have never applied for permanent residence certificate so I will be sending all the paperwork to prove that I have been settled with my child's passport application.

My question is:

If I start getting child benefit and working tax credit now, does that mean I lose my 'settled in the UK' rights? What if I apply for the permanent residence certificate in a few months, while I will also be receiving child benefit, will that count as 'doesn't exercise treaty rights'?
Will I be able to apply for British Citizenship myself after I start receiving benefits?

thank you!

Aleccia
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Posts: 22
Joined: Wed Dec 04, 2013 1:55 pm

Re: Exercising treaty rights- does it stop with benefits?

Post by Aleccia » Mon Apr 07, 2014 10:57 pm

Anyone??

I guess my question is... does somebody who has got PR automatically after 5 years of continuous exercise of EU treaty rights (with no certificate) in the UK lose PR once he starts getting benefits such as child tax credit and working tax credit?

Or is it once you've got PR, you always have PR???

And if he loses PR in the above case, does getting the certificate mean he never loses PR?

I'm so confused!

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Re: Exercising treaty rights- does it stop with benefits?

Post by Jambo » Tue Apr 08, 2014 9:19 am

It will not affect your PR status. In fact, you could have applied for those benefits before PR and still they would have not affected the PR.
Check the FAQ before posting!
Citizenship (adults, children, passport)
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Olimpia
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Posts: 8
Joined: Thu Jan 19, 2017 2:25 pm

Re: Exercising treaty rights- does it stop with benefits?

Post by Olimpia » Thu Mar 23, 2017 4:41 pm

What about if I claimed Housing benefit during my ESA on those 5 years ,can they reject my PR application because I claimed benefit?
Thank you very much in advance for your answer.

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CR001
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Re: Exercising treaty rights- does it stop with benefits?

Post by CR001 » Thu Mar 23, 2017 5:05 pm

Olimpia wrote:What about if I claimed Housing benefit during my ESA on those 5 years ,can they reject my PR application because I claimed benefit?
Thank you very much in advance for your answer.
This topic is almost 3 years old. Please continue in your existing topic you already have, where you state you have already won your appeal and PR :?:

eea-route-applications/permanent-reside ... l#p1460473
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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