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Where did you get your information on banning benefits for BC?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.
SS is a special case. A BC has no need to exercise treaty rights when back in Blighty.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.
See related reply in hubby's related post.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.
1) Yes.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.
Which you answered: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
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.1) Yes.
Understood, it's a minefield - and HO helpline doesn't seem to help matters.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:
Which you answered: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
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.1) Yes.