Need Help Regarding Claming Benefits/ILR

[leintrus]

Hi there,

I got EEA 5 year resident card on behalf of my Dad ( Netherlands Citizen ) as i have been in UK from the last 9 years so next year automatically i can be legible for 10 year long stay ILR. Now dad registered as self employed and i am paying nothing but he is registered as self employ.

Got 3 questions
1. Is it going to be fine for my ILR next year if my dad wants to claim housing benefits?

2. I got married in Nov 2012 and applied visa for my on my behalf but was rejected and reason they says that she is not financially dependent on me now i sent an appeal, is the housing benefit will reflect on her visa?

3. If my dad want to bring my brothers from Non EEA country while on housing benefits can he do it? He is getting approx £525 monthly pension from Netherlands.

Can anyone help me with these questions please?

Many thanks.

[vinny]

apologies i forgot i applied visa for my wife

[Amber]

Your father could possibly claim public funds whilst self-employed and still be exercising treaty rights as you should not be discriminated against. I.e. if a British family could do it, then you should be able to do the same.


For the residence card for your wife or other family members, your family should not be an unreasonable burden on the state, you should perhaps consider professional advice, claiming the housing benefit could mean that you are an unreasonable burden on the state and the residence card refused.

[Obie]

You wife could not possibly be depend on you for EEA family permit, as the EEA regulation does not make provision for her.

She could perhaps be dependent on your dad.

I believe human right issue will be in play, as the only reason she is been refused is on the grounds that you are not present and settled.

Also see, RK.

This appeal is likely to fail without a competent EU and human right lawyer, contesting the discriminatory practice of the rules.