I need help: non-EEU+Tier1 visa - and Child Benefit claim?

[illuminatrix]

hi,
I search forum but could not find answer. I am sorry if I missed something.

This is complex case.

I am Indian (non-EEU ), with tier 1 and my partner is Polish (EEU A8 ), we have a child (EEU A8 ) but we are not married.
Mother of the child applied for CHB but she was refused because she did not register with the WRS scheme, so 'she works illegally and does not have access to public funds'.

1. can I try and apply for CHB as I am an EEU family member? or there is no point because they will justify that EEU member of this family resides in the UK illegally?

2. question about WRS scheme - is it possible to register whole her employment for NHS (she works as a doctor for NHS since 3.5 years with 3 weeks long break in employment, but she has been working for 3 different hospitals 3 and had different contracts- that is part of a training) or HO will only consider and register her last contract employment?

Thanks for help.

[John]

Using your numbering :-

1. You are not her "family member". You might be her "extended family member", but in order to establish whether you can submit a form to establish that, how long have the two of you lived together?
2. Has she never been registered on the WRS? I am amazed that the NHS will allow someone to work, without checking that point. What sort of documentation does she show a new NHS Trust when starting to work for them?

Has she only been in the UK for 3.5 years? Or did she work in the UK prior to starting to work as a doctor? If so, when did she start working in the UK? Was she legally in the UK prior to Poland joining the EU on 01.05.04?

[illuminatrix]

Thanks for replay.

1. we live together as a couple almost 2 years (full 2 years will be in April)
2. She never has been registered with HO. She came to the UK in March 2006 and started working in NHS in August 2006 (she did not have any different job before).

When she got a job they checked her passport, did a CRB check, she had to register with GMC. That's all.

There is a chance that she singed a application for WRS (who knows what they asked her to sign at the beginning and she does not remember), but she never got a WRS card.

Is is possible to check if she was previously registered within WRS scheme? Can HO give this information?

For me as for you it seemed so unlikely that NHS employed doctor without HO registration. But my partner says that she knows few more A8 citizens without it working in NHS.