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Husband must claim insolvency- will it affect my eea4

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

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

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Mymorg
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Location: Seoul, Korea

Husband must claim insolvency- will it affect my eea4

Post by Mymorg » Sat May 07, 2016 12:25 pm

Hello!

I have a question regarding claiming insolvency money from national insurance. I know for an eea permit to become citizenship under surrender Singh route your British partner must not claim benefits. But my husbands company was just liquidated and they are refusing to pay him for his last months work.
Is this advisable for him to do? Will it affect me at all?
I would prefer for him to get his money back, unfortunately the company has refused to pay all the workers that have been fired.

*for clarification I am currently on an eea2 and will be applying for indefinite leave to remain in two years.
Thanks very much for your help and advice.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Husband must claim insolvency- will it affect my eea4

Post by noajthan » Sat May 07, 2016 12:41 pm

Mymorg wrote:Hello!

I have a question regarding claiming insolvency money from national insurance. I know for an eea permit to become citizenship under surrender Singh route your British partner must not claim benefits.

...

*for clarification I am currently on an eea2 and will be applying for indefinite leave to remain in two years.
Thanks very much for your help and advice.
Where did you get your information on banning benefits for BC?

btw you acquire PR on EU migration journey (not ILR).

See related case:
http://www.immigrationboards.com/britis ... 08701.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Mymorg
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Posts: 35
Joined: Sat Sep 01, 2012 5:13 am
Location: Seoul, Korea

Re: Husband must claim insolvency- will it affect my eea4

Post by Mymorg » Sat May 07, 2016 1:08 pm

As far as I'm aware (from this message board) if my British husband were to claim benefits of any kind other than tax credits it could render me ineligible to recieve pr since I have come here from the surr. Singh route.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Husband must claim insolvency- will it affect my eea4

Post by noajthan » Sat May 07, 2016 1:25 pm

Mymorg wrote:As far as I'm aware (from this message board) if my British husband were to claim benefits of any kind other than tax credits it could render me ineligible to recieve pr since I have come here from the surr. Singh route.
SS is a special case. A BC has no need to exercise treaty rights when back in Blighty.

Other benefits questions here often relate to UK visas not EU route; its horses for courses.

See my reply in hubby's post too (linked).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Mymorg
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Posts: 35
Joined: Sat Sep 01, 2012 5:13 am
Location: Seoul, Korea

Re: Husband must claim insolvency- will it affect my eea4

Post by Mymorg » Tue May 24, 2016 2:38 pm

well, we called the home office and they did explicitly tell us that i must prove that i am exercising treaty rights, and since my husband (british citizen) is married to me, he can not claim benefits of any kind - because since we are married they would affect me as well. they also told me that i must, after 5 years living here apply for a permanent residence card and then wait a year to apply for british citizenship - which i thought was wrong, i thought i would get irl after 5 years then be able to apply for britiish citizenship right away. these laws seems to be changing quickly and the process is really confusing. just hope everyone knows that under surrinder singh now, if your british spouse does claim any benifits that will also automatically count for the couple as a unit, this will in fact affect the eea2 ss persons path to citizenship.

Mymorg
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Posts: 35
Joined: Sat Sep 01, 2012 5:13 am
Location: Seoul, Korea

Re: Husband must claim insolvency- will it affect my eea4

Post by Mymorg » Tue May 24, 2016 2:48 pm

for clarification, i said irl but i meant pr. this is also in part because i was lead to believe that with ss routes after 5 years the non eea spouse could apply right away for british citizenship while some other routes require the person to wait a year after obtaining pr.
like i said its really confusing. from what ive learned from laywers, the home office and this message board i can now conclude
1. in five years i will gain eea pr
a.provided I (and not my husband who is a british citizen considering the benefits are based on us being married) do not recieve public funds
2. after i gain pr i must wait 1 year then i can apply for british citizenship.

if i am wrong, let me know.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Husband must claim insolvency- will it affect my eea4

Post by noajthan » Tue May 24, 2016 3:27 pm

Mymorg wrote:well, we called the home office and they did explicitly tell us that i must prove that i am exercising treaty rights, and since my husband (british citizen) is married to me, he can not claim benefits of any kind - because since we are married they would affect me as well. they also told me that i must, after 5 years living here apply for a permanent residence card and then wait a year to apply for british citizenship - which i thought was wrong, i thought i would get irl after 5 years then be able to apply for britiish citizenship right away. these laws seems to be changing quickly and the process is really confusing. just hope everyone knows that under surrinder singh now, if your british spouse does claim any benifits that will also automatically count for the couple as a unit, this will in fact affect the eea2 ss persons path to citizenship.
See related reply in hubby's related post.

Helpline seems to have been dishing out garbled nonsense today.

You do not have to exercise treaty rights, in fact you cannot as you are a direct family member and dependent of your 'EEA' sponsor.

You simply reside in UK for 5 years and will then acquire PR automatically (assuming no Brexit and no prolonged absences from UK - and you remain married).

You do not have to be free from immigration time restrictions for a further 12 months (with 'settled status' / PR) as you can naturalise under section 6(2) of BNA as the spouse of a BC.

In other words, acquire PR after 5 years in UK, then apply to get your (confirmation of) PR card, then immediately apply to naturalise asap (assuming all other requirements for citizenship have been/can be met by then).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Husband must claim insolvency- will it affect my eea4

Post by noajthan » Tue May 24, 2016 3:28 pm

Mymorg wrote:for clarification, i said irl but i meant pr. this is also in part because i was lead to believe that with ss routes after 5 years the non eea spouse could apply right away for british citizenship while some other routes require the person to wait a year after obtaining pr.
like i said its really confusing. from what ive learned from laywers, the home office and this message board i can now conclude
1. in five years i will gain eea pr
a.provided I (and not my husband who is a british citizen considering the benefits are based on us being married) do not recieve public funds
2. after i gain pr i must wait 1 year then i can apply for british citizenship.

if i am wrong, let me know.
1) Yes.

2) NO!
See post above.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Husband must claim insolvency- will it affect my eea4

Post by noajthan » Tue May 24, 2016 4:18 pm

Health warning for the HO helpline:
https://www.freemovement.org.uk/immigra ... pectation/
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Rory4111
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Re: Husband must claim insolvency- will it affect my eea4

Post by Rory4111 » Tue May 24, 2016 4:20 pm

Hello! I am the husband and I have been asking about the same case with you in this thread: (http://www.immigrationboards.com/britis ... l#p1351920)

In that thread, my question applied to accessing public funds. It is clear that you believe I can access public funds myself, but I also had a question about Housing Benefit (since I was recently made redundant). Since Housing Benefit is claimed as a couple, this would mean my wife would be claiming Housing Benefit as well.

You told me that "a valid claim won't impact wife".

But on this thread, my wife asked the question:
i can now conclude
1. in five years i will gain eea pr
a.provided I (and not my husband who is a british citizen considering the benefits are based on us being married) do not recieve public funds
Which you answered:
1) Yes.
So, could you please clarify which is the case? Sorry, I'm not trying to be argumentative and I really appreciate the help. But since all the advice I'm getting seems to be different, I'm finding it all very confusing. When the people at the home office are saying something different and they are the ones that have the power to grant my wife PR, will we need to have a legal battle with them in two years time to get PR/ILR? This could take months or years, my wife might need to leave the country... this is our concern.

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Casa
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United Kingdom

Re: Husband must claim insolvency- will it affect my eea4

Post by Casa » Tue May 24, 2016 4:27 pm

Before noajthan responds to your post, please bear in mind that the people you are given you 'advice' on the telephone are only call centre staff with very limited knowledge of the Immigration Rules, probably outsourced to an agency. They are not the Case Workers who would be responsible for deciding applications.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Location: UK

Re: Husband must claim insolvency- will it affect my eea4

Post by noajthan » Tue May 24, 2016 6:32 pm

Rory4111 wrote:Hello! I am the husband and I have been asking about the same case with you in this thread: (http://www.immigrationboards.com/britis ... l#p1351920)

In that thread, my question applied to accessing public funds. It is clear that you believe I can access public funds myself, but I also had a question about Housing Benefit (since I was recently made redundant). Since Housing Benefit is claimed as a couple, this would mean my wife would be claiming Housing Benefit as well.

You told me that "a valid claim won't impact wife".

But on this thread, my wife asked the question:
i can now conclude
1. in five years i will gain eea pr
a.provided I (and not my husband who is a british citizen considering the benefits are based on us being married) do not recieve public funds
Which you answered:
1) Yes.
So, could you please clarify which is the case? Sorry, I'm not trying to be argumentative and I really appreciate the help. But since all the advice I'm getting seems to be different, I'm finding it all very confusing. When the people at the home office are saying something different and they are the ones that have the power to grant my wife PR, will we need to have a legal battle with them in two years time to get PR/ILR? This could take months or years, my wife might need to leave the country... this is our concern.
Understood, it's a minefield - and HO helpline doesn't seem to help matters.

I answered the question 1)

I didn't answer 1a) as I think I answered that point in the other thread.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Husband must claim insolvency- will it affect my eea4

Post by noajthan » Sun Jun 19, 2016 2:05 pm

If still of interest, see update in hubby's topic, here:
http://www.immigrationboards.com/britis ... l#p1363581
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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