CAN BENEFITS AFFECT R.C APPLICATION( UNMARRIED PARTNER)?

[inovative]

Hello Everyone,

I´m new here, and hope someone can help me answer this questions.

My name is Maria i´m polish (EEA NATIONAL), i´m in long term relationship (UNMARRIED PARTNER) with my boyfriend Daniel (Nigerian with Poland permanent residence card) and we have a daughter that is more than 2 years old and our dughter currenly live with Daniel.

Daniel has currently applied for EEA FAMILY PERMIT as UNMARRIED PARTNER, and we are waiting for his passport.
My question is, i have been working since April 2017 in UK and prepared to apply for

- Child Benefit
- Child Tax Credit
- Housing Benefit or Council house

as i will be the only one working when Daniel gets to the U.K and apply for Residence Card.

I want to know if claiming benefits can have negative effect on his application and what benefits can have effects on such applications.

Hope to hear from you soon and thanks in advance

Maria

[tmonaghan]

EU Citizens come into the UK to look for work not to claim benefits. That is why we have Brexit today. Ask your unmarried NON-EU partner to find a job and you won't have to apply for benefits.

[Wise]

EU national/non EU should be grateful to those who sit down AND drafted the whole directives we all enjoy today.

MY HUMBLE ADVISE FOR YOU AND YOUR NIGERIAN SPOUSE AND DAUGHTER YOU'RE EXPECTING TO ARRIVE.

1, Before he arrive in UK try and get just a room to start from if you can't afford a full family house.
2, whenever they arrive that is when you can only apply for child benefit and child tax credit,working tax credit
3, Don't even download/fill housing benefit form through out your stay in UK otherwise you will both become
burden to the UK government and you may both lose your right of being here.Also it's against the EU law.

Good luck

[Richard W]

EU national/non EU should be grateful to those who sit down AND drafted the whole directives we all enjoy today.
<snip>
3, Don't even download/fill housing benefit form through out your stay in UK otherwise you will both become
burden to the UK government and you may both lose your right of being here.

So long as the OP counts as a worker, she is within her rights. Of course, in work benefits decided at the national level do not fit well with a common labour market, and something has to give. (I would not be surprised if the rights were lost once the UK leaves the EU.)

Also it's against the EU law.

And which law would that be? Directive/regulation and article, prithee. Preambles only count towards interpretation.

[tmonaghan]

Why not ask in an uncompromisingly forthright way "Hey I am Polish and moved to the UK in April 2017, and my NON-EU Unmarried partner with our daughter will join me later once I found a Council flat and want to know what benefits I am entitled to?" And this happens even before the whole family moved from Poland to the UK... Acquired rights or not Directive 2004/38/EC makes it clear that EU Citizens have got obligations when moving from one EU Member state to another to reduce benefit tourism. The government has promised to push ahead with plans to restrict access to benefits for EU immigrants abusing their rights when settling under EU Law. Here we are talking about a family of three among thousands and other thousands of more immigrants taking advantage of what is not theirs in the first place. I am a British Citizen married to a EU Citizen for five years now. We met in Portugal. My husband took 2.5 years to find a job he liked. Which means that during those initial 2.5 years he was financially supported to lawfully reside in the UK as a self-sufficient person with a comprehensive Sickness Insurance that costed me £97 a month. Because as a matter of principle I did not think that applying for benefits was the right move given that myself never had to apply for any and have worked all my life. The UK is full of opportunities to live, work and study. Benefits should be used as a safety net for those in need and as a temporary measure to help people. So this forum should ban immigrants attempting to understand how to abuse the system. I always get an electrical shock when I look at my payslips because of the amount of taxes that are deducted every month from my salary. And we are two in our household paying taxes for Polish people and others in the exact situation.

[Richard W]

Why not ask in an uncompromisingly forthright way "Hey I am Polish and moved to the UK in April 2017, and my NON-EU Unmarried partner with our daughter will join me later once I found a Council flat and want to know what benefits I am entitled to?" And this happens even before the whole family moved from Poland to the UK...

Be prepared.

Acquired rights or not Directive 2004/38/EC makes it clear that EU Citizens have got obligations when moving from one EU Member state to another to reduce benefit tourism.

Kindly supply chapter and verse. The nearest I can find is a sketchily implemented recital.

As I read the post, the OP is preparing for a transient state of affairs. To me, she seems to expect her partner to find work once he has arrived.

The government has promised to push ahead with plans to restrict access to benefits for EU immigrants abusing their rights when settling under EU Law. Here we are talking about a family of three among thousands and other thousands of more immigrants taking advantage of what is not theirs in the first place.

I see no evidence that they are not moving to the UK to work.

I am a British Citizen married to a EU Citizen for five years now. We met in Portugal. My husband took 2.5 years to find a job he liked. Which means that during those initial 2.5 years he was financially supported to lawfully reside in the UK as a self-sufficient person with a comprehensive Sickness Insurance that costed me £97 a month. Because as a matter of principle I did not think that applying for benefits was the right move given that myself never had to apply for any and have worked all my life.

I presume you met on a visit. If you had been working or studying in Portugal for any significant length of time, your husband would have qualified as a family member under Surinder Singh - and would have been exactly the sort of person that that part of the law is primarily intended for.

[tmonaghan]

Surinder Singh route really? To circumvent UK Immigration Laws? As a British Citizen I would have been considered as a EU Citizen to allow my partner to move from Lisbon to London via Surinder Singh. In addition I would have had to provide certified documents covering three years to the Home Office. Do you know how much it costs to translate documents to English? Come on you can do better than that....

[Richard W]

Surinder Singh route really? To circumvent UK Immigration Laws? As a British Citizen I would have been considered as a EU Citizen to allow my partner to move from Lisbon to London via Surinder Singh. In addition I would have had to provide certified documents covering three years to the Home Office. Do you know how much it costs to translate documents to English? Come on you can do better than that....

I think the translation would have cost less than the £3,000 you spent on CSI. The translation would only have become necessary when he applied for a DCPR or his right to reside was challenged, unless you only married after coming back to the UK. There is currently no necessity for EEA nationals in the UK to hold a residence card, unless their right of residence depends on their being an extended family member.

[tmonaghan]

I appreciate your comments. However, each page of a document such as from a bank statement would have cost £70 for the certified translation. I would have had to provide bank statements covering three years. Employment contracts and Payslips from both of us for the same period. Tenancy agreements. Evidence of registration with the local agencies such as JobCentre, NHS, Inland Revenue, Doctors etc etc. Further evidence of a transfer of life to prove that both inserted well into the local community. Photographs, sport memberships, car ownership. All that translated to English. In the end all this would have not given us the assurance that the HO would have accepted our application under Surinder Singh. It was more appropriate to return with my partner from Lisbon to live together in the UK. There was no way of knowing how long it would have taken for my partner to find a job that he liked. Self-sufficiency with a CSI was the more appropriate route. He has now PR and working for 30K. At least we did not rely on benefits to live in the UK. Which is the point of this thread... Coming into the UK and applying for benefits as an abuse of rights.

[Wanderer]

Interesting thread - does focus the mind on what SS was all about.

Back in the day it was for those genuinely 'caught between two legal framework', ie unable to to use local immigration law (not citizen) and unable to use home state legal law (not resident).

Since then of course its been used as a way to circumvent uk immigration laws or by those too impoverished to afford it. However, laws are laws and can be used by anyone in any circumstance so no one is breaking the law. The spirit of the law is being abused though in my book but it is up to the Government to stop/block it. Of course then the accusations of beloved and how the UK should have to pay for it's colonial past spew forth.

I think the UK's centre of life clause is perfectly reasonable and I don't understand why people have an issue with it.

[tmonaghan]

The UK's centre of life clause is unpredictable and very costly unless you came from Ireland where English is used not like in Portugal where Portuguese is used. Also the HO is never satisfied about the evidence provided to them so you end up at the mercy of the case worker. I just felt that it was simply easier and less troublesome to move from Portugal to the UK where my Husband exercised his Treaty rights as a self-sufficient person with a private medical insurance. We had the means to afford our move from Portugal so a privileged position.

[inovative]

EU national/non EU should be grateful to those who sit down AND drafted the whole directives we all enjoy today.

MY HUMBLE ADVISE FOR YOU AND YOUR NIGERIAN SPOUSE AND DAUGHTER YOU'RE EXPECTING TO ARRIVE.

1, Before he arrive in UK try and get just a room to start from if you can't afford a full family house.
2, whenever they arrive that is when you can only apply for child benefit and child tax credit,working tax credit
3, Don't even download/fill housing benefit form through out your stay in UK otherwise you will both become
burden to the UK government and you may both lose your right of being here.Also it's against the EU law.

Good luck

Thank you for kind advise, First of all i´m not a benefit freak and i may probably not apply for it.
I have been working since i came to U.K and My partner is currently working in Poland as well, but when he will get to u.k on VISITORS VISA, he won´t be able to work until his Residence Card gets approved.

We plan to have good family life in U.K (study and work) and for our daughter to grow up in English speaking enviroment.

So i just want to know if there can be little support (as a worker) until he can be able to work in U.K as well.

Thank you

[Richard W]

I have been working since i came to U.K and My partner is currently working in Poland as well, but when he will get to u.k on VISITORS VISA, he won´t be able to work until his Residence Card gets approved.

I trust you mean "family permit", as you originally stated. If he came on a "visitor's visa", he would rightly be refused entry because he intends to settle in the UK.

When he arrives with a "family permit", he will have the legal right to work. However, it seems that few employers will trust the government to accept it as evidence that they properly confirmed his right to work before they employed him. He will need to obtain a residence card (or to marry you), as otherwise he will lose his right/permission to be in the UK, let alone work, when it expires.

I believe your partner will receive a 'positive' (also known as 'long') Certificate of Entitlement (CoA) before he receives his residence card. This tells employers that the Home Office will confirm his right to work. However, employers do have to confirm with the Home Office that he provisionally has the right to work.

[tmonaghan]

To inovative

In all I wish you good luck and I hope that your unmarried NON-EU partner arrives into the UK before the Brexit “cut-off date” to be protected under existing EU Immigration Rules. That you have sufficient evidence in English to show that both you and your partner have been at least living as unmarried couple for two years.

That you stay away from claiming benefits to show that you can support your family on the basis that you will not become an unreasonable burden on the public finances of the United Kingdom.

Please read the following
https://www.freemovement.org.uk/refusal ... nationals/

Keep exercising your Treaty Rights and be covered by a comprehensive sickness insurance (CSI) plan when necessary.

[Casa]

EU national/non EU should be grateful to those who sit down AND drafted the whole directives we all enjoy today.

MY HUMBLE ADVISE FOR YOU AND YOUR NIGERIAN SPOUSE AND DAUGHTER YOU'RE EXPECTING TO ARRIVE.

1, Before he arrive in UK try and get just a room to start from if you can't afford a full family house.
2, whenever they arrive that is when you can only apply for child benefit and child tax credit,working tax credit
3, Don't even download/fill housing benefit form through out your stay in UK otherwise you will both become
burden to the UK government and you may both lose your right of being here.Also it's against the EU law.

Good luck

Thank you for kind advise, First of all i´m not a benefit freak and i may probably not apply for it.
I have been working since i came to U.K and My partner is currently working in Poland as well, but when he will get to u.k on VISITORS VISA, he won´t be able to work until his Residence Card gets approved.

We plan to have good family life in U.K (study and work) and for our daughter to grow up in English speaking enviroment.

So i just want to know if there can be little support (as a worker) until he can be able to work in U.K as well.

Thank you

In addition to your questions about claiming Public funds, you should be wary of the fact that only short breaks apart of up to 6 months for good reasons, such as work commitments, or caring for a dependent relative will be acceptable when applying as Unmarried Partners.

[Wise]

Please don't be offended by my reply to your post I was only trying to explain how to deal with HO in a very easy way without telling you what the law says which I thought you may have known already.

Many of us here have dealt with HO and still people learn from others mistakes and I don't want you to make mistake or allow HO to waste the time of your spouse whenever he eventually arrived in UK. No one can tell me why HO is changing application form with uneccessary questions all the time and HO law interpretation is a joke if they want to deal with anyone.

Lastly, because you're not married your spouse COA may not allow your spouse to work after you apply for his RC and so just be prepared for that too. In the past it wasn't like that.

Once again am sorry if my first post offended you.

Good luck.