Benefits Entitlement - husband without visa

Pricivius

All he needs to provide to his employer is the UK Border Agency letter confirming receipt of his appeal. The employer can then use the Employer Checking Service to ask UKBA to confirm that the appeal is in progress. The employer then has a statutory defence it needs to show it carried out the necessary checks. So providing you have given the employer the acknowledgment letter from UKBA, the employer is on a sticky wicket if they refuse to allow him to work.

I appreciate you did not come on here for an immigration debate, but your financial concerns will ease if you provide the employer with the letter and ask them to do the Employer Check.

IyaCiara

@benefitbaby thanks for that link. It makes really interesting reading and might even help my husband with his employer!

MissMoneypenny

benefitbaby wrote: »

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.

From what they say on EEA sites: the family could be together in the father's country, the mother's country or another country (especailly if one of them is an EEA national as they can work in all the EEA countries). That fundemental right just doesn't allow the family to chose which country they want to live in.

But I don't think the OP is using trying to use that EU law for her husband to stay in the UK.

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.

I wasn't replying to you. I quoted BenefitBaby when I replied. But when you post on an internet forum, you don't get to decide what people post in their replies, even if you did start the thread. This thread and the various replies, might help others at a later date.

Voyager2002

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..

It sounds as if you are not British but a citizen of another EEA country, in which case your husband's right to remain in the UK is enshrined in European Law. Did you know that there is an official body that helps EEA citizens to obtain rights that member states are denying them? I suggest you Google 'Solvit' and make contact with the office that handles the UK: you could find them to be very powerful allies.

MissMoneypenny

Voyager2002 wrote: »

It sounds as if you are not British but a citizen of another EEA country, in which case your husband's right to remain in the UK is enshrined in European Law. Did you know that there is an official body that helps EEA citizens to obtain rights that member states are denying them? I suggest you Google 'Solvit' and make contact with the office that handles the UK: you could find them to be very powerful allies.

If the OP was the EEA citizen her husband arrived with, then I doubt there would be a problem as she is exercising her EU rights still. So I assumed the OP is British, but her husband entered the UK with an EEA citizen (less than 5 years ago as he would have PR otherwise) but married the OP (a UK citizen) shortly after he arrived in the UK? Hence the problem with his status???

EDIT. OP's previous posts seem to show that she was living in the UK long before her husband would have arrived on an EU permit with an EEA national.

speedyturtle

I just love the british system and the people working in it. Has no one got brain or even allowed to use their brain in this system?
From what i can understand, your husband is in a job and supporting you and the family and the government would send him back and than put you on benefits. And than the government minister would have the nerves to call you lazy cause you on benefits. You gotta love this system.

SnooksNJ

Why doesn't he have an EEA family permit?
It's free and you doesn't have the financial requirements like British Citizen's who marry a non EU citizen.

MissMoneypenny

speedyturtle wrote: »

I just love the british system and the people working in it. Has no one got brain or even allowed to use their brain in this system?

He could apply to come back on a spouse visa, if the UK is the country he is trying to live in.

speedyturtle wrote: »

From what i can understand, your husband is in a job and supporting you and the family

speedyturtle wrote: »

and the government would send him back and than put you on benefits.

Only recently supporting his wife and child. They were both mature students when their child was a toddler so they would have been claiming some benefits then as they had a child and they got subsidised housing in their council flat.

If the OP has British citizenship (it seems both her parents are in the UK too) then he could have applied for a spouse visa years ago when she first married him and (according to OPs previous posts in 2009 talking about her husband and their 18 month child) by 2011 at the latest, he would have been a British citizen (subject to criminality checks).