British national - EEA Route

[abiswaslaw]

Can anybody help me out with valuable expertise on following issues:

(a)
Me along with my brother are British nationals, my parents, 78, sixty two, are with ILR our dependent, father is permanent disabled. Can they apply for EEA reisdence card (as obtaining visa for other EU country is a big hassle and expensive). UKBA says EEA rule does not GENERALLY apply to British national, this seems fishy to me as it should apply to all EEA national including UK.

(b)
Our niece is with student LTR, financially dependent on us and we are living in durable relationship. Prior to come to t he UK, back home she use to live with my parents on our expenses (education, personal). If she can apply EEA resident card as extended EU relative.

(c)
Our parents ILR is ILR - no retriction endorsed with any condition, as equavalent as British national. BUT during ILR application, a spnsoship declaration was singned by us. Circumstances has changed, income gone down, we can not survive ourselve, let alone helping parents who applied for Pension Credit that has been refused on Sopnsorship declaratio ground and advised to wait until 5 year (two year is passed). Can you please confirm if they are entitle for PC anyway.

Many thanks for your clarification.

[Greenie]

A) no because family members British nationals can generally only use of the Eea regulations, and thus apply for a residence card if the British national has been living and working in another Eea member state and is returning to the UK with his or her family.

B) no, see a) above.

C) no, not until they have been here for 5 years.

[stani121]

I have just been on a welfare benefits and immigration course.My understanding is that whilst your parents are lawfully present in the uk.They are still persons subject to immigration control for the purpose of some welfare benefits.In your circumstances the following claims would be more appropriate.

1) You state 1 of your parents is 78 and the other is 62 and one is disabled.If your parent that is disabled is over 78 they can claim Atendance Allowance or if its the parent that is 63 that is disabled they can claim Disabilty living Allowance.

2)Your parents although being subject to immigration control are lawfully present and allowed to claim Non- Contributory benefits, they are not allowed to claim Pension credit becuase it is not a non - Contributory Benefit.

3) Claim DLA OR AA whichever is appropriate and then the other parent if cares for the other for more than 35 hrs per week can claim Carers Allowance another non- contributory benefit.

Please do seek appropriate advise from your local advise centre but i feel thay can claim and recieve these benefits even though they are sponsored immigrants.This criteria is likely to change when the benefits system changes to universal credit in october 2013.It will then not possiable to claim as there will be exclusions for persons subject to immigration control in the new benefit system.

4) All sponsors are responsiable for their undertaking for 5 years regardless of change of circumstances.If the sponsor or sponsors die this automatically ends the undertaking.

Hope this info is helpful.

[abiswaslaw]

Hi, its really helpful. I just feel the way you do that despite of sponsorship declaration, as

(a)
their passports are endorsed with ILR (no condition endorsed), it is sort of British citizenship equivallent (except visa requirement to travel abroad). Therefore, they should be entitle for all benefit including PC if other conditions are met. I ma not sure how much legally binding value does carry 'sponsorship' itself as it is not a lelally binding contract but moral understanding, in my opinion. AND I simply cannot agree with that this sponsorship is something that put restriction on immigration as it purely ILR.

(b)
If the circumstances changes, for instance, relationship is not that good with sponsor who no longer want to help or if the sponsor is in position he cannot survive well, let alone helping parents which is beyond sponsor control. Then what? They are permanent resident, Government has responsibility to look them after as officially we are welfare state, may not like nordic states, but we are. ECHR has entitle individual to live with dignified way financially.

I am working hard to get out of it with positive outcome, I am sure there is somewhere way out. Many thanks if you may help further.

[Greenie]

There are a vast array of benefits that they are entitled to and which no doubt they are receiving, but certain benefits that they cannot claim until they have been here for 5 years due to the maintenance undertaking you have signed. This undertaking is legally binding, not just a moral agreement and any funds claimed (apart from those permitted) can be recovered from you as the sponsor. Please see the links provided to you in your other thread.