Daughter absolutely potless dont know where to turn

dktreesea

clemmatis wrote: »

They can't.

http://www.wmimmigration.com/spouse-visa-uk/

I beg to differ. This is talking about spouses of UK citizens coming to join someone already here and only applies to British citizen's spouses if the British citizen is already here and the spouse is from a non EU country.

That's not how British citizens of insufficient means ought to come back to the UK. You don't come back directly, if you have a non EU citizen husband and you want to avoid these provisions. You first live in an EEA country for 12 months or more, then apply for an EEA family permit, to which you are entitled under European law, and then come back to Britain. No visa is required for the spouse (European law trumps British law for immigration matters) and all non British members of the family are granted permanent residence upon arrival.

Of course our border Control don't advertise this option, but they also can't stop British citizens taking advantage of EU law. Why should a Polish family - not to pick upon them in particular - or any other non British EU family, be able to arrive here without restrictions (and definitely NO restrictions regarding earnings) whereas a British citizen wanting to come back here directly is penalised?

I feel sorry for the 20 year old daughter of the OP. If she had understood the system she would have got an EEA family permit prior to coming back to the UK and her husband would have been bringing her back, not the other way around.

ILW

barbarawright wrote: »

The assumptions that some people are making about the OP's daughter are extraordinary. You know nothing about her but you seem to be implying that she has planned her life around a lifetime on benefits. Any evidence of that?

Based on what OP has posted, daughter has never worked, daughters husband has only ever done a bit of cash in hand. Not an unfair assumption I would have thought.
Spain will not pay them any benefits, so jump on a plane to good old UK and see what they will give us.
Pure benefit tourism.

keelz

I am pretty horrified/shocked at how awful some of the comments on this thread are. If you don't agree with the whole thing fair enough but some of the personal comments about the daughter having children at 20 etc are just mean, the OP was after advice not an attack on her family.

Some times people's circumstances change for the worst, I'm sure many of us have been there. Desperate times call for desperate measures, if I was in an other country homeless I'd want to come home to the safety of my Mum too.

Dunroamin

keelz wrote: »

Some times people's circumstances change for the worst, I'm sure many of us have been there. Desperate times call for desperate measures, if I was in an other country homeless I'd want to come home to the safety of my Mum too.

But she hasn't come back to the UK so that her mother can look after her, has she?

ILW

They think they should be given a flat or a house of their own.

bloolagoon

So the mother sells her UK home and takes early retirement to SPain. Does not work and uses the homes equity to live along with partners wages. Adding to the SPanish economy. Partner leaves her, she has no money left from equity, she cannot claim SPanish benefits so returns to UK to live on benefits. Leaving her child in Spain along with her ex husband and new family.

Mum is still on benefits in UK now, but advises her child, son in law, grandchildren to come to the UK to find work? Leaving behind family who are working and in a position to support this young family, to OP who is in zero position to support the family.

Add to this the young girl has mental health issues

Those poor 2 children, what are the experiencing right now, someone needs to sort this out. Either hand them over to social services, ask the other grandparents to pay something, wash cars, do something, because all I read at the moment is all efforts are going into benefit claiming and not protecting 2 innocent young children.

Glen_Clark

The biggest selling British 'newspaper' in Spain is the Daily Mail.
So its hardly surprising people get the idea immigrants can come here and live the life of Reilly on benefits.
https://www.youtube.com/watch?v=5eBT6OSr1TI

barnaby-bear

zzzLazyDaisy wrote: »

OP has your Daughter actually completed the forms to claim Habitual Residence as a UK Citizen?

Has her husband, as an EEU citizen married to a UK Citizen made a formal application for Habitual Residence?

Read this information here

http://www.adviceguide.org.uk/england/benefits_e/benefits_coming_from_abroad_and_claiming_benefits_hrt/benefits_the_habitual_residence_test_introduction/who_has_to_take_the_habitual_residence_test_hrt.htm


The right to claim benefits does not happen automatically, she has to go through the correct procedures. I suggest that she gets some professional help and assistance. The CAB may be a good place to start.

This is the most useful advice. The daughter+partner are not currently eligible as they haven't passed the habitual residency test.

a) have they actually submitted the forms for the test?
b) if no - that's their first step; regardless of the opinions/moralities if they pass that they are eligible
c) if yes - on what grounds were they refused and were the facts and justification for the decision correct.... if they weren't appeal
d) if the decision was legally/administratively correct according to the guidelines what are the alternatives
- one of the adults to seek employment
- charities as a stop gap
- any other options in spain.... family, benefits etc

ILW

Apparently grandparents in Spain want nothing to do with them. Seems very strange to me from what I know of Spaniards and the way they are with their family.
There is more to this than OP is letting on.

Jimjams71

As a longtime lurker but new poster I have to say I am horrified by some of the things people have responded with. One post suggested that the children be fostered. Really, is that the sort of advice and support that money saving expert forum members should be giving?

Like many others the OP came here for help and constructive and perhaps challenging advice, not bullying and hurtful judgements about her, her morals, and her daughter. She is a human being just like everyone else and deserves the same amount of respect as everyone else, even in faceless cyberspace.

I love reading the helpful suggestions and options so many of you have given to other posters and forum members over the years, your words and perspectives have helped me in so many ways. Please please don't forget that people come here for help.