Benefits Entitlement - husband without visa

IyaCiara

@princessdon, that's quite a good idea. I'm training to be a social worker though, so maybe I could get some evening or weekend key worker jobs. Not ideal because it means that I would hardly get to see my little girl.....but needs must at the moment.

benefitbaby

IyaCiara wrote: »

@benefitbaby, my husband is from Nigeria and he is the father of our daughter.

I had an idea in my head regarding Article 24 (3) of the Charter of the Fundamental Rights of the European Union which states "Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests." (see link below)

Arguably your child would be denied their EU rights if your husband/her father were not permitted to remain.

However this would be not be a viable argument to gain entitlement for benefits (those that not currently entitled), but may be useful for appeal of visa issues.


http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0389:0403:en:PDF

princessdon

In that case check out things like the following

harbour - the DV charity - they take 0 contract workers and you say what you can do each month (good for the CV and they pay £8.20 ph).

Responsbile adult - contact your police station and ask who is the RA co-ordinator. When youngsters are arrested and need a RA to attend as their parents can or won't there is a register. It pays £50 pm plus £10 each hour called out up here.

You sign up for out of hours SS etc.

Care homes and secure units for troubled children again take weekend and night staff.

Don't rule out working, not only to reduce your benefits but for your CV.

Pricivius

IyaCiara wrote: »

@pricivious, I can't work at the moment because I already work 40 hours a week on placement for my degree and will do until the end of July this year.

Sorry, but I suggested your partner retains the right to work if he has made an appeal in time. You need to check this.

IyaCiara

@pricivius, sorry, read the wrong post. My husband's employers refuse to allow him to work until he can produce a letter from Home Office confirming his right to work. We have written to Home Office to request that they provide a letter stating this, but previous experience of dealing with the Home Office indicate that it will be at least 2 months before we hear back from them and they always insist that we communicate with them in writing only.

MissMoneypenny

benefitbaby wrote: »

I had an idea in my head regarding Article 24 (3) of the Charter of the Fundamental Rights of the European Union which states "Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests." (see link below)

Arguably your child would be denied their EU rights if your husband/her father were not permitted to remain.

That doesn't mean you get to choose the country you want to live in.

IyaCiara

@ Miss Moneypenny, as previously stated, my husband has a legal right to stay here because he is the non EEA family member of an EEA family member. But I didn't post on here to start an immigration debate, I posted because I need help with my finances, pretty much like everyone else who posts on moneysavingexpert.

benefitbaby

MissMoneypenny wrote: »

That doesn't mean you get to choose the country you want to live in.

No, not automatically but it is a fundemental right of the child and for this right to be effective the child's father would need to remain in the UK, this is why it is such an useful and essential piece of law considered by judges.

benefitbaby

IyaCiara wrote: »

@ Miss Moneypenny, as previously stated, my husband has a legal right to stay here because he is the non EEA family member of an EEA family member. But I didn't post on here to start an immigration debate, I posted because I need help with my finances, pretty much like everyone else who posts on moneysavingexpert.

Sorry IyaCiara I didn't mean to start an immigration debate.

benefitbaby

IyaCiara wrote: »

@pricivius, sorry, read the wrong post. My husband's employers refuse to allow him to work until he can produce a letter from Home Office confirming his right to work. We have written to Home Office to request that they provide a letter stating this, but previous experience of dealing with the Home Office indicate that it will be at least 2 months before we hear back from them and they always insist that we communicate with them in writing only.

You may find this useful as it confirms that your husband does not need to prove he can work - this is an employment tribunal case that confirms that employers must tread carefully.
http://www.newlandchase.com/nc_blog/article/a_dilemma_for_employers_do_non_eea_family_members_need_to_provide_proof_of