What Benefits an EEA national can claim?

[chahsan5]

hi

I need some help and I will be very greatful if you can guide me with this.
my wife is an eea national. I applied last year as her partner but my visa was refused.

my wife was on maternity when we made the application so we attached her maternity allowance letter and another letter from her employer confirming that she has done her training and can start the job after her maternity. but by mistake the employer wrote this on old letterhead with old telephone number and old company name. So UKBA coudn't track the company and phone number was also wrong. so they refused the visa.
Now I have made an appeal and waiting for the court date but financially we are struggling after the birth of the child so I want to know whether we can claim these benefit or it will affect our application?

1- child benefit
2-working tax credits and child tax credits
3-housing benefits

my child was born in this country and both my wife and son hold dutch nationality.

thanks in advance

[noajthan]

You can dig into these vital matters here:
http://www.maternityaction.org.uk/advic ... a8-and-a2/
&
http://www.cpag.org.uk/content/right-re ... nant-pause

[chahsan5]

Thanks for your reply. This info is really helpful
I have one more question.

I have already applied for housing benefits and when they asked about my status I told them my application is with ukba and I gave them the COA. And after that they made the decision counting 3 of us.
So will it affect my application? Because we told council our situation.

[fatimahh]

thank you so much for those links Noajthan!! i was really happy to read those lines regarding Family Member of EEA National.

Family members who are not EEA nationals
Non-EEA nationals with a right to reside
Family members of an EEA national

Family members includes spouse, civil partner and dependents. Family members of an EEA national are generally not classed as ‘persons subject to immigration control’ and are not excluded from claiming any of the benefits above, providing they meet the conditions attached to each benefit.

[u][color=#FF0040]This applies whatever the nationality of the family member and rights should continue if a couple separate or divorce.[/color][/u]

Family members of EEA nationals have a right to reside if the EEA national has a right to reside as one of the following:
Jobseeker
Worker (including retained worker status, see above)
Self-employed (including retained status)
Self-sufficient
Spouse, civil partner or child of a student (after 3 months)
Initial right to reside for three months, and Permanent resident.

A family member can also acquire permanent residence after five years.