Treaty rights and benefits

[Ali12035]

Hi,
Need help from this forum.


I am non EEA national holding EEA residence card since May 2014 and my German wife EEA1 since March 2014 and we are married since 4 years.

I have two children from my ex and they got EEA family permit from Abu Dhabi and travel to uk with us September 2015.
We applied for EEA card on 25/02/2016 payment taken 27/02/2016 and biometric done 16/03/2016.

We both Are getting these benefits after children came in uk.

1, housing
2, council tax reduction
3, child benefits
4, child tax credit and work tax.

We both are working since we are married.

Does this effect their EEA card?

Many thanks

Please reply we are so worried about them.

[Richard W]

Hi,
We both Are getting these benefits after children came in uk.
<list snipped>
We both are working since we are married.

Does this effect their EEA card?

No. Poor full-time workers are also covered by the Free Movement Directive.

[Ali12035]

Hi,
We both Are getting these benefits after children came in uk.
<list snipped>
We both are working since we are married.

Does this effect their EEA card?

No. Poor full-time workers are also covered by the Free Movement Directive.

You mean this will not affect their EEA residence card?

Thanks

[Richard W]

Hi,
We both Are getting these benefits after children came in uk.
<list snipped>
We both are working since we are married.

Does this effect their EEA card?

No. Poor full-time workers are also covered by the Free Movement Directive.

You mean this will not affect their EEA residence card?

Correct. If poor full-time workers weren't covered by the Free Movement Directive, Cameron wouldn't have been taking about denying benefits for the first four years - he'd have been expelling poor EU immigrant workers.

[Petaltop]

Correct. If poor full-time workers weren't covered by the Free Movement Directive, Cameron wouldn't have been taking about denying benefits for the first four years - he'd have been expelling poor EU immigrant workers.

If they were both full time workers then they would not be claiming Working Tax Credits.
On minimum wage they would be earning too much at £24,388pa. The Working Tax Credit poverty line cut off is just over 18k.

That's why the welfare reforms are bringing in a MIF (minimum income floor) that must be earned for claimants to escape the dreaded "Universal Credti conditions" that jobseekers already have to comply with.

[Obie]

Difficult to understand how low income full time workers will not be entitled to tax credits.

[Casa]

Difficult to understand how low income full time workers will not be entitled to tax credits.

Obie, Petaltop is saying they would be above the low income level for WTC if both were in full time employmemt and earning over the £18,000'ish cut off point jointly. Forgive me if I've misunderstood what your post refers to in the thread. .

[Petaltop]

Difficult to understand how low income full time workers will not be entitled to tax credits.

Obie, Petaltop is saying they would be above the low income level for WTC if both were in full time employmemt and earning over the £18,000'ish cut off point jointly. Forgive me if I've misunderstood what your post refers to the the thread. .

That's exactly what I was saying. Thank you Casa

[Ali12035]

Difficult to understand how low income full time workers will not be entitled to tax credits.

Obie, Petaltop is saying they would be above the low income level for WTC if both were in full time employmemt and earning over the £18,000'ish cut off point jointly. Forgive me if I've misunderstood what your post refers to the the thread. .

That's exactly what I was saying. Thank you Casa

Suppose this year we both are earning £24780 that we can't get WTC? And will decrease child tax credit as well?

[Ali12035]

Hi, All members

=====New Question=====

Next year me and my EEA wife are going to apply for PR in September.

My non EEA children came UK last year September through EEA family permit which we won after court hearing.


My question is ?

In court decision judge says that children are EEA family member since their father is married with EEA national.

They came on 10/09/2015

When they are eligible to apply for PR
While they are under 16?

What will be their status when me and my EEA wife got PR and British citizen?

Thanks

[Richard W]

In court decision judge says that children are EEA family member since their father is married with EEA national.

They came on 10/09/2015

When they are eligible to apply for PR
While they are under 16?

They are family members until they are 21, at least if they don't leave home. So, if your wife continues to be a worker, they achieve permanent residence on 10/09/2020.

What will be their status when me and my EEA wife got PR and British citizen?

If they don't get British citizenship at the same time, I fear they will become illegal immigrants. Ideally, your wife should remain non-British until the children get PR, British citizenship, or you two earn enough to sponsor them to settle under the family route, which you can do once you have PR.

[Ali12035]

In court decision judge says that children are EEA family member since their father is married with EEA national.

They came on 10/09/2015

When they are eligible to apply for PR
While they are under 16?

They are family members until they are 21, at least if they don't leave home. So, if your wife continues to be a worker, they achieve permanent residence on 10/09/2020.

What will be their status when me and my EEA wife got PR and British citizen?

If they don't get British citizenship at the same time, I fear they will become illegal immigrants. Ideally, your wife should remain non-British until the children get PR, British citizenship, or you two earn enough to sponsor them to settle under the family route, which you can do once you have PR.

Thanks for your useful information


If me and my wife both get PR and we are not applying for citizenship until they get PR?

Thanks

[Richard W]

If me and my wife both get PR and we are not applying for citizenship until they get PR?

Then if they are under 18 when you apply for naturalisation, you can apply to register them as British at the same time. However, any of you who aren't granted British citizenship will remain permanent residents.

Note that if you and the children apply for British citizenship as soon as you are allowed to, and any of you is refused, then, unless the application brings any misdeeds to the attention of the Home Office, all you lose is money. The problem with your wife naturalising is that as soon as she becomes British, you can no longer use the EEA route.

[Ali12035]

If me and my wife both get PR and we are not applying for citizenship until they get PR?

Then if they are under 18 when you apply for naturalisation, you can apply to register them as British at the same time. However, any of you who aren't granted British citizenship will remain permanent residents.

Note that if you and the children apply for British citizenship as soon as you are allowed to, and any of you is refused, then, unless the application brings any misdeeds to the attention of the Home Office, all you lose is money. The problem with your wife naturalising is that as soon as she becomes British, you can no longer use the EEA route.

Thanks for your reply.

Still I am confused!!!!

When I non EEA family applying for Permanent residence card as married on 12/10/2017 and citizen ship on 12/10/2018.

When my non child can apply for PR and neutralisation?

If same time I have my PR and my EEA spouse have PR when they can apply for PR ? While they came last year September as family member of EEA national.


In same time they are family member of EEA national when I got married with EEA national.

Thanks