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Hi There,

I hope I have put this in the proper area (I apologize if it is not).

I am an EU national married (Swiss) to a non EU national (Canadian).
We are about to apply for his 5 year residence permit (Just to show his employer for peace of mind). We moved over here with our two kids as my husband had a full time job lined up. He has been working there for over a year now. We do receive the child benefit & the child tax credit as his is the only income right now. I will be starting work in two years, when our youngest starts school full time. We plan on not needing child tax credits at that time anymore.
My question is, since child tax credit is a means tested benefit, and I have never been employed here in the UK, will this affect my husbands application for the residence permit? (as we would apply for me being a self sufficient person). We do pay comprehensive sickness insurance for all of us and do not receive any other benefits.

Thank you for taking the time.

You are still on track. Claiming those benefit has no effect at all on his application because you're entitle to it anyway but as soon as his salary comes into his account,he need to move it to your account i e EU national person's bank account and make sure you keep your bank statements for record purposes and whenever the EU national start work then you can stop transfer.

Also for CSI the Uk government is trying to stop asking for it after Brexit as part of how to make things simple for many EU national in UK to secure their status after Brexit. So watch out till then to stop it if is not needed for your paperwork in future.


Good Luck.

Wise,

Thank you so much for the reply!

That makes me feel much better, thank you.
We actually share a bank account, so that should not be an issue for us

Thanks again,
S

Wise wrote: ↑

Wed Sep 27, 2017 8:02 pm

You are still on track. Claiming those benefit has no effect at all on his application because you're entitle to it anyway ...

I completely disagree. My disagreement is based on

EEA Regulation 4(4) wrote: (4) In paragraph (1)(c) and (d) and paragraph (3), the resources of the student or self-sufficient person and, where applicable, any of their relevant family members, are to be regarded as sufficient if—

(a)they exceed the maximum level of resources which a British citizen (including the resources of the British citizen’s family members) may possess if the British citizen is to become eligible for social assistance under the United Kingdom benefit system; or

(b)paragraph (a) does not apply but, taking into account the personal circumstances of the person concerned and, where applicable, all their relevant family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient.

If the OP's family can claim child tax credit, then they do not qualify by Paragraph 4(a) above. How do you expect Paragraph 4(b) to help?

Wise wrote: ↑

Wed Sep 27, 2017 8:02 pm

Also for CSI the UK government is trying to stop asking for it after Brexit as part of how to make things simple for many EU national in UK to secure their status after Brexit.

That's strange, given that the European Commission has advised that access to the NHS satisfies the requirement.

I think the issue is that the HO cannot handle all 3 million EEA residents applying for RCs or DCPRs as appropriate. Therefore, a simpler process is forced on HMG.

Back to square one...does anyone have any experience with a similar situation?

Thank you in advance

Try this page https://www.entitledto.co.uk/help/EEA_n ... definition