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

MissMoneypenny

henry_44 wrote: »

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"

Does she have settled status in the UK? I assume that she would have had to naturalise as a British citizen to have settled status; because if she had obtained PR through the EEA route, then I assumed that her PR in the UK has expired after all this time?

MissMoneypenny

henry_44 wrote: »

This is just the details that I came on this forum to find out about.

Those were the things a Brit would get on returning to the UK. Has your ex got British citizenship?

As I said before, how would an EEA national arriving in the UK with no intention of working or studying, get access to UK welfare? Don't go upseting the judge by giving him inaccurate information as that will do your case no good at all. Hopefully, her solicitor will correct any incorrect information you feed the courts.

henry_44 wrote: »

The children have previously received child benefit/tax credits, so I am sure it would not be difficult for her to re-start these .... but I will not know until I telephone the numbers you provided.

Make sure you give them the correct information; that she is an EEA national who will be moving to the UK wanting full benefits from the UK, but that she will not be excersing her EU rights of free movement.

What made her take the children and run away from you; and keep running, after 15 years of living in the UK? If it really is all her fault as you claim and you really are worried about the safety of your children, then why haven't you just moved to her county under the EU free movement of workers, so you can be near your children?

Is your plan to force her to return by making the courts think she will get a house and full welfare as soon as she steps off the plane? Then when she doesn't get it, you move in to take the children and claim welfare for them in your name?

MissMoneypenny

PippaGirl wrote: »

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.

I have read it is 3 months that an EEA national can stay in another EEA country to find work. After that, they can apply for welfare, but many that still couldn't find work and try to claim welfare from the UK, are failing the habitual residense test. EEA citizens have been complaining to the EU because the UK won't give them welfare as they failed this test.

clearingout

MissMoneypenny wrote: »

Is your plan to force her to return by making the courts think she will get a house and full welfare as soon as she steps off the plane? Then when she doesn't get it, you move in to take the children and claim welfare for them in your name?

assuming this is not your intention, it will still be your ex's fear, and that of her legal representation if she has it.

JT100

Sorry Henry44 but I cannot offer any advice at all about benefits or law, but I read this thread and what occured to me is would everyone be reacting the same if you were a woman?
If I had started this thread saying my husband had taken my kids to another country and stopped me seeing them for two years I guess the reaction might have been different. I am sat here now with my kids upstairs asleep wondering how on earth I would cope if my husband took them abroad and made no contact with me for two weeks let alone two years.
I would go all the way with the Court to get them back home. I wouldn't be saying such things as I am all for joint parenting or I want both parents in their life or I would provide rent if I could. I would want my kids back in my arms and my husband put in prison. Good luck Henry44 the guys on here will provide you will some really great info.

clearingout

putting the mother in prison would solve what exactly?

there is no suggestion whatsoever that what mum has done is 'right' or 'justified', particularly on the basis of the information that has been given which is very sparse. However, forcing the children from their mother would make Henry no better than her, would it? I think that whilst I maintain a level of cynicism about just how much of the full story we have here, I believe Henry when he says he just wants to work with mum for the benefit of the children. Whatsmore he has accepted the negativity with good grace. Whether he is male/female has nothing to do with it, it's about trying to work this out in the best interests of the children and being separated from either of their parents for any length of time clearly isn't what is best for them.

Dunroamin

MissMoneypenny wrote: »

What made her take the children and run away from you; and keep running, after 15 years of living in the UK? If it really is all her fault as you claim and you really are worried about the safety of your children, then why haven't you just moved to her county under the EU free movement of workers, so you can be near your children?

I totally agree - these are the most important questions in this situation.

JT100

Agree with you Clearingout, I was just expressing how I could not be quite so reasonable if this had happened to me. Prison would not be the best idea and with my kids dad we have always agreed that having both of us in their life is for the best. Sorry Clearingout I just typed my inital passionate response rather than what I actually did when my marriage broke up. As I said before, I just wondered that if it was a man who had taken the kids would we be asking for so much empathy towards him or would we all be saying bring the kids home to their mum no matter what problems it causes dad regarding money?

clearingout

JT100 wrote: »

Agree with you Clearingout, I was just expressing how I could not be quite so reasonable if this had happened to me. Prison would not be the best idea and with my kids dad we have always agreed that having both of us in their life is for the best. Sorry Clearingout I just typed my inital passionate response rather than what I actually did when my marriage broke up. As I said before, I just wondered that if it was a man who had taken the kids would we be asking for so much empathy towards him or would we all be saying bring the kids home to their mum no matter what problems it causes dad regarding money?

I see your point. What worries me about this is the apparent desire to remove the children from their mother to live happily ever after with dad and new partner. This to me is a possible indicator of why she ran in the first place - and deprivation of money was what my ex did to me in an attempt to remove the children from me (he believed that the courts would agree I was a 'bad mother' because I couldn't afford to keep the family home on my own) so I'm particularly sensitive to it. I may be so sensitive I have it totally wrong, of course.

Hopefully she'll be entitled to the benefits and mum and dad will be able to work something out for the little ones. They are very young to be without either parent in their lives where both parents want to there.

JT100

Good words Clearingout
I don't think OP was wanting to remove the kids from mum. I genuinely think he does want both parents to pull together and the kids to have regular contact with him again.
Interestingly my husband did a similar thing to yours. He left our 2 bed terrace and somehow rented a 5 bed detached and got a new job earning £40,000 ish. He claimed in court he was the better parent because he had more money and a huge house. The judge said a large house means nothing and it was ridiculous to claim more money = more love. Sorry OT, I agree I hope there's a happy ending here. He's done well to keep going for two years when she disappeared and he had no idea where the kids were. These kids are very fortunate to have two parents that so desparately want to be there for them.