EEA National and Tax credit

[jafferdeen]

Hi All
My friend is applying for PR on the basis of 5 years in UK.She is French national and living in UK last 5 years.
She is working part time and earning around £5500 per year. .She is also getting child tax credits and child benefit.

Does her income along with child tax credit will be enough for her to be considered as qualified person and will it be enough for her treaty rights in UK for last 5 years

Regards

[Jayjay2017]

Her income is below the minimum earnings threshold and therefore her employment may be considered as marginal.

This means the Home Office will look closer at her source of employment. However, she should be fine.

[jafferdeen]

Does Tax Credi on the basis of low income considered as part of other income for treaty rights?

[tmonaghan]

She won't be considered as a qualified person as the result of earning a low income and claiming benefits. She would have had the right to reside for longer than three months if she had for themselves and their family sufficient financial means so as not to become a burden on the host EU country's social assistance system as well as health insurance.