Returning to the UK after 5 years, benefits?

dktreesea

MissMoneypenny wrote: »

Brits aren't being stopped. If they can't bring a spouse, then they are chosing not to work enough hours to sponsor a spouse.

Not every job, keeping in mind the maximum of a 48 hour EU working week, can generate an income of £18,600 a year. It hard enough to get a job paying £7.45 an hour (i.e. if working 48 hours every week) let alone £9.53 an hour (a 37.5 hour week). Should a person be denied a family life just because he/she can only get a minimum wage job?

20% of workers in Britain, in 2012, earned less than 2/3rds of the gross median hourly pay (£11.15 an hour). £7.44 an hour or less. That's 5.1 million people who don't earn enough to be able to marry, and bring home, a spouse born outside the EU. (Source: Resolution Foundation, "Low Pay Britain 2013") I don't see how that translates into "....choosing not to work enough hours..."

MissMoneypenny wrote: »

They already have a family life in their spouse's country. However, if they were hoping to rush to the UK for free NHS when their spouse needs healthcare, or when they both want welfare; then that route is blocked for 6 months.

If the person can't get a job paying £18.600 or more a year, that route, unless they are prepared to use the Surinder Singh route and settle in another EU country first - in which case it won't matter how much or little they make when they get back here, and they will all be able to come together, so no period of family separation - will be forever blocked, not just blocked for 6 months.

MissMoneypenny wrote: »

Every EU country. EU citizens have more rights in another EU country. What did you expect after a long bout of Labour in charge?

The UKs welfare and NHS rules need changing so that those who haven't contributed/not contributred much, don't get instant access. The new immigration law in April, is starting to addresss the NHS and those that haven't contributed.

There have recently been some major changes to the EU route to the UK, but they don't seem to hit the left wing BBC site. A lot of western and northern EU countries are backing the UK in these changes, but they want the same EU changes for their countries too. i.e. DLA has just been blocked for those immigrants that haven't lived in GB for 2 years out of the last 3 years.; UK citizenship and access to welfare in England (Zambrano and Chen routes) have just been blocked for those non-EEAs trying to use EU laws to get to the UK.

One new EU law that benefits the UK only: those EU citizens who also have UK citizenship, can no longer use EU laws to bring family to the UK. This new EU law is on the back of the McCarthy ruling and her dual Irish/British citizenship, but is much more far reaching as it affects all those using the EU route to the UK. This law is only for those coming to the UK; Brits can still use the old EU law in other EU countries.

I'm in favour of blocking welfare access for new arrivals, provided it is blocked for all new arrivals, including returning UK citizens. What I am not in favour of is allowing EU nationals and their families to move here regardless of income and assets, but not allowing British nationals the same rights.

The effect of the McCarthy ruling can be completely avoided if the dual EU national leaves Britain and goes and works in another EU country - after all, they have dual nationality so presumably this is easier for them than other people who may not speak a second language or have family ties to Ireland - with their family, then gets an EEA family permit and exercises their treaty rights.

Now the government is saying Brits can still use the Surinder Singh route, provided they are fully established (i.e. working as an employee or self employed) and have a principal home in the member state prior to applying to bring their family here as EU nationals. And that would all be fine IF the same applied for other EU nationals wanting to emigrate here with their non EU spouse/families. But it doesn't.

Dunroamin

dktreesea wrote: »

Only for Britons trying to return here from outside the EU directly. Not for any other EU citizen coming here with their foreign born spouse from another EU country. Nor for EU citizens returning to their own country with their foreign born spouse.

Why should Britons have to follow the Surinder Singh route back home in order to move back here with their foreign born spouse? The government can achieve the same result - restricting access to benefits - by preventing all new arrivals from claiming certain benefits, like housing benefit (especially housing benefit), being allowed to apply for social housing, council tax benefit, JSA, WTC, CTC, CB, for a decent period after arrival. Why not 2 years? Or, like in most EU countries, until you have paid something into the system recently?

Denying people the right to a family life based on their earnings or ability to save is the worst kind of discrimination. You can only come back if you're relatively well off. There's more family involved than just the British citizen and their spouse.

I agree that restricting benefits to those who've contributed would be a good thing, particularly as we would also have to apply this to British citizens.

Win win situation.

Mojisola

Dunroamin wrote: »

I agree that restricting benefits to those who've contributed would be a good thing, particularly as we would also have to apply this to British citizens.

Win win situation.

So my son who has been ill since he was a child wouldn't ever be able to get any help?

dktreesea

Mojisola wrote: »

So my son who has been ill since he was a child wouldn't ever be able to get any help?

But if he is too disabled to work, then being able to qualify for what is really unemployment insurance wouldn't be possible. Nor would it be relevant to him, since he is unable to work.

Though it does beg the question. If a person returning here to live was disabled, should the 2 year, say, period where one can't claim benefits then apply to that person?