EU National Entitled to Any Government Help When Moving to UK?

Dunroamin

henry_44 wrote: »

My apologies - she said in the court that she could claim benefits in her country and she is being housed but she would not get this in England.

Re-solicitor - I am incredibly frustrated by this too, but feel I must do something to help get them home quicker.

That would be your home - not their mother's or theirs.

henry_44

Poppie68 wrote: »

The chances are when the mother and children do return they could be placed in a bed & breakfast which could further add to their distress at being forced back.

Is it not possible for you to find and secure a home for them to return back to? You have access to her belongings and could set the home up for them, surely that would be less traumatising for all 3 of them.

If I had not spent all my money travelling to find our children, on court orders and solicitors fees I would certainly rent a house for them to get them set up in this country. Sadly, I am in debt because of all the thousands I have spent on finding the children.

henry_44

Dunroamin wrote: »

That would be your home - not their mother's or theirs.

My ex-wife made England her home for 15 years.

My children were born in England and England is their 'habitual residence'

Dunroamin

Is the Habitual Residence Test relevant in this situation?

General question, not to the OP.

henry_44

pmlindyloo wrote: »

Whilst this is an admirable thought, from what the OP has been saying I do not think he is in a financial situation to be doing this.

The OP needs to show that the ex would be entitled to benefits to support her and the children or could be supported financially by him (not possible from what has been said)

If the OP could be assured that she would receive benefits at some time in the near future then this would prevent an appeal and secure their future.

I am sure that the OP would be willing to do all he can temporarily and your point about B&B accommodation being unsuitable is a good one (sorry, that sounds very condescending! )

Yes, this is what I have been asked to provide information about. Thank-you for your comments.

henry_44

Dunroamin wrote: »

Is the Habitual Residence Test relevant in this situation?

General question, not to the OP.

Thank-you for mentioning this. I've just done a search and found this:
"You may be accepted as habitually resident from your first day if you are returning to the country and you were previously habitually resident."

Therefore she could claim the benefits detailed above as she was habitually resident in England prior to leaving.

Thank-you - I have not heard of the Test before you wrote this.

PippaGirl_2

Habitual Residence can be lost in a single day if a person leaves the country with the intention of living long term in another country, see here

I can't find it but I think there is a period of time when she isn't able to claim benefits for herself until she has been here long enough. Therefore she will need to be financially supported if she is unable to support herself here financially.

Poppie68

I think it is optimistic to expect to get any assurance she will be intitled to benefits, i think the best you will get is 'it might be a possibility'.
They will be homeless for a long time if she cant afford deposits and rent. Benefits will not be available overnight, how will they survive in the meantime?

henry_44

PippaGirl wrote: »

Habitual Residence can be lost in a single day if a person leaves the country with the intention of living long term in another country, see weblink

I can't find it but I think there is a period of time when she isn't able to claim benefits for herself until she has been here long enough. Therefore she will need to be financially supported if she is unable to support herself here financially.

Thank-you for this weblink. It's a very informative website.

I found this information - that people do not have to pass the HRT if they are
"people with settled status who have arrived 'in the United Kingdom as a result of ... deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom"

Just wondering as she is subject to a high court order to return to the UK is this removal by compulsion of law? and she would not have to pass the HRT?

PippaGirl_2

I think the children are better off staying where they are where they are provided for and financially secure for now.