how will benefits be affected if my asylumseeker boyfriend movesin.

justlooking2012

Typical Britain, someone says something about immigration that conflicts with the view that all immigration is great and they are automatically assumed to be a racist

mumps

mumps wrote: »

Her father was given the job this week, it is for three years with a possibility of a further two years. It is a diplomatic job at the Pakistan Consulate so probably different rules about immigration status and visas etc. The whole family, father, mother and siblings are now living in Birmingham. As Malala and her father have been subject to death threats if they return to Pakistan I would think they would be able to claim asylum, I don't know what there immigration status is.

MissMoneypenny wrote: »

Thanks for confiming the red herring theory.

I don't see why it is a red herring, I said I thought they would be able to claim asylum, when her treatment is complete and her fathers job ends we will see. If they do claim asylum I presume margaretclare will then put them in the group she wouldn't give the time of day to. So although you said, " No Brit will begrudge them this.We are happy to pay for them." I can't see margaretclare agreeing with this, unless she was not being entirely truthful in her original post that has now been mysteriously deleted.

mumps

MissMoneypenny wrote: »

There is no doubt that they are a genuine asylum claim. The UK government chose to bring them to the UK, so that the girl could get the expert medical care she needed and her family get protection. No Brit will begrudge them this.We are happy to pay for them.

Sorry about the previous post, I thought you meant I had introduced the red herring, obviously it was you who thought she was an asylum seeker.

wayne0

MissMoneypenny wrote: »

Please ask on immigrationboards before your wife leaves the UK. She may be better waiting out the 10 years plus to get citizenship because from what you have told us, it could be nearly impossible for her to ever come back to the UK, should you or her British children want to live in the UK.

If you have the money to pay for her NHS births/any other treatment and can pay back any public funds she took, then the spouse visa will be the quickest route to citizenship (applied from her own country). It is now 5 years to citizenship on a spouse visa and you will need to be able to afford to sponsor her; earn £18,600pa. Ask about this on immigtaionboards. You aren't the only one who tried to get your spouse into the UK through the backdoor, but the rules have now changed and they will be able to give you the benefit of their experience.

ahh , sorry,

i think you misunderstand our current position.

i am an EEA National (as well as a british citizen)

my wife can freely join me in any country when i excercise my freedom of movement. MY wife entered the UK via Europe (flew in from spain) - she entered legally...
we applied via form EEA2 as my working status... and it got refused...

the UKBA use the fact she was initially a visitor into the uk on a VISITOR visa that she overstayed that visa by more than 1day.

and also...

this is what i was looking for... it explains everything about the NHS...

"The National Health Service (Charges to Overseas Visitors) Regulations 1989" (http://www.opsi.gov.uk/si/si1989/Uksi_19890306_en_1.htm) explains who is entitled to NHS treatment:

"Overseas visitors exempt from charges
4. No charge shall be made in respect of any services forming part of the health service provided for an overseas visitor, being a person, or the spouse or child of a person-
(a) who is shown to the satisfaction of the Authority to be present in the United Kingdom or in a designated area of the Continental Shelf or, if his employer has his principal place of business in the United Kingdom, in or over any area of the Continental Shelf, or on a stationary structure within the territorial waters of the United Kingdom, for the purpose of-
(i) engaging in employment as an employed or self-employed person; or
(ii) working as a volunteer with a voluntary organisation that is providing a service similar to a relevant service as defined in sections 64 and 65 of the Health Services and Public Health Act 1968[12], or service to which Article 71 of the Health and Personal Social Services (Northern Ireland) Order 1972[13] applies; or
(iii) pursuing a course of study where the period of study during the first year of the course is broken by a period or periods of industrial or analogous experience forming an integral part of the course amounting in aggregate to not less than 12 weeks; or
(iv) taking up permanent residence in the United Kingdom; or
(b) who has resided in the United Kingdom for the period of not less than one year immediately preceding the time when the services are provided, whether or not immediately prior to the completion of one year's residence as aforesaid, charges under these Regulations may have been made in respect of services provided as part of the same course of treatment"

it is on this basis that my wife recieves free nhs treatment. - and the UKBA have even confirmed this...

just FYI - although she doesnt get her glasses etc on nhs - her mom brings over her contacts when she comes to visit...
[we have had her parents, brothers etc all visit on a family visa no issues ]

Also, with my wifes replacement passport - we can freely leave and enter the uk as we wish... we simply need to return via another EU country, and not come to the UK directly.. (IE: land in amsterdam ]LEAVE THE AIRPORT - we are not considered as in a country until outside of the airport - and therefore still "in transit") and then fly to uk ffrom there...)
my wife can enter on a 1a visa stamped at the port ...

the problem being: ukba still dont accept british citizens as being EEA nationals... - immigration is not as clear cut as it looks even if it is "outside the rules" its LEGAL. and within the law of directive 2004/38/EC (google it)

and under EEA law - she has PR after 5 years of legal residence.

SnooksNJ

wayne0 wrote: »

ahh , sorry,

i think you misunderstand our current position.

i am an EEA National (as well as a british citizen)

my wife can freely join me in any country when i excercise my freedom of movement. MY wife entered the UK via Europe (flew in from spain) - she entered legally...
we applied via form EEA2 as my working status... and it got refused...

the UKBA use the fact she was initially a visitor into the uk on a VISITOR visa that she overstayed that visa by more than 1day.

and also...

this is what i was looking for... it explains everything about the NHS...


it is on this basis that my wife recieves free nhs treatment. - and the UKBA have even confirmed this...

just FYI - although she doesnt get her glasses etc on nhs - her mom brings over her contacts when she comes to visit...
[we have had her parents, brothers etc all visit on a family visa no issues ]

Also, with my wifes replacement passport - we can freely leave and enter the uk as we wish... we simply need to return via another EU country, and not come to the UK directly.. (IE: land in amsterdam ]LEAVE THE AIRPORT - we are not considered as in a country until outside of the airport - and therefore still "in transit") and then fly to uk ffrom there...)
my wife can enter on a 1a visa stamped at the port ...

the problem being: ukba still dont accept british citizens as being EEA nationals... - immigration is not as clear cut as it looks even if it is "outside the rules" its LEGAL. and within the law of directive 2004/38/EC (google it)

and under EEA law - she has PR after 5 years of legal residence.

I think they did at one point but people abused the system and now have closed the loophole. So if you have British Citizenship you have to apply as a British Citizen. It's expensive and requires the spouse to leave the country and apply. Do you mean the discretionary visa because why would 1 passport be ok and not another?
From the UKBA
Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not generally come to the UK using an EEA family permit. However, a non-EEA family member of a British citizen living abroad can apply for an EEA family permit to join the British citizen on their return to the UK if:

• the British citizen has been living in an EEA member state as a worker or self-employed person; and
• the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.

wayne0

yeap, i worked in finland, and no. the rules are that she can join a self sufficient person (a tourist is included in this). on return to the uk if i have woerked in another country she can return with me, which is what happened

- when ukba took her passport, we applied to her embassy for a new passport. quite simple really. - the only thing that you need to move between countries is a marriage/birth certificate to proove your relationship to an eea national and proof of your identity... ususually a passport... you dont specifically need a passport - but it makes things a lot easier...

and the rule is the third country national (non-eea family member) cannot come directly to the uk... it doesnt say that i need to be working in another country etc, it simply means i must of excersided my right to work/study/etc in another country to be classed as an eea national. etc.

wayne0

also, EU law states that all visas for family members of EEA nationals must be FREE

SnooksNJ

wayne0 wrote: »

yeap, i worked in finland, and no. the rules are that she can join a self sufficient person (a tourist is included in this). on return to the uk if i have woerked in another country she can return with me, which is what happened

- when ukba took her passport, we applied to her embassy for a new passport. quite simple really. - the only thing that you need to move between countries is a marriage/birth certificate to proove your relationship to an eea national and proof of your identity... ususually a passport... you dont specifically need a passport - but it makes things a lot easier...

and the rule is the third country national (non-eea family member) cannot come directly to the uk... it doesnt say that i need to be working in another country etc, it simply means i must of excersided my right to work/study/etc in another country to be classed as an eea national. etc.

Were you working and living together in Finland when you applied for the EEA permit?
Why did the UKBA take the passport?