Polish tenant

mickflynn39

SH1981, I like the way your mind works. You've given me food for thought. I don't think it's going to be easy for her to get the council house of her dreams. However she is thinking long term and wants stability for her and the children. Rent is much lower in a council house and she does want to work more and more as the children get older. She also wants to buy a house long term so again a council house would be better for her if in the future you can still buy with a discount.

She says she will do her best to find me new Polish tenants that will move in on the day she moves out. At the end of the day I am in a much better position financially than her so I will help her do what is best for her and the children and sort things out as best as I can for myself when she does move out.

mickflynn39

Then how did the children become british? one of the parents need to be british. anyway nevermind, i just realised it was an irrelevant question really.

They were all born in England. I thought that made them British. My mum and dad were both Irish but I was born in England. I am classed as British, not Irish.

gettingready

mickflynn39 wrote: »

They were all born in England. I thought that made them British..

No it does not.

But in this situation is does not matter if the children are Polish or British citizens.

Sorry but to me it looks like someone is taking you for a ride here.

I understand you want to help out but - just be careful.

Yes, I am originally from Poland (British citizen for over 20 years now though so slightly different approach to everything than the "new" immigration ) and believe me Polish coming here are very clued up on the benefits system.

All the best.

adouglasmhor

mickflynn39 wrote: »

They were all born in England. I thought that made them British. My mum and dad were both Irish but I was born in England. I am classed as British, not Irish.

Changes if you were born after 1983. Though my Gf's dad born in 1927 claimed a British passport after he retired back to Ireland to avoid geting hammered with tax.

Homeagain

mickflynn39 wrote: »

She's not looking for a job at the moment so I don't think Jobseekers hardship payment applies. I'm going to see the council on Wednesday with her and will be looking to get a Discretionary Housing Payment off them to help her with her housing costs until her benefits come through. I'll also be looking at the Warm Homes Discount to help with her fuel bills. Should be able to get £140 towards these costs.

We'll also explore the possibility of getting a council house. She's asked me to draft a letter saying I'm going to evict her for non payment of rent to help her case.

Although you sound like a very kind, caring person, I don't think you should draft a letter as you have suggested. You could get into trouble - its really not a good idea.

specialboy

Did you know the word 'gullible' isn't in the dictionary?

sh1981

mickflynn39 wrote: »

They were all born in England. I thought that made them British. My mum and dad were both Irish but I was born in England. I am classed as British, not Irish.

Britain follows the international law called Jus Sanguinis (I think that's how its spelt) which means "Right of Blood". This is in contrast to Jus Solis "Right of Soil" which some other few countries operate by, such as United States. In case of Irish it has always been different, the rules are different due to common travel agreement or something on those lines. I'm not an expert so I can't really say.

Under current law, a child born in the UK after 1 January 1983 will only acquire British nationality if either his/her mother or father is:

• A British citizen; or
• Settled in the UK

Irish citizens are automatically deemed to be "settled" in the United Kingdom.

So someone, perhaps her husband, was settled.

Also you must be wondering what happens to abandoned children? Under Section 1(2) British Nationality Act 1981 paragraph 3.24:a new-born infant found abandoned in the United
Kingdom on or after 1 January1983 can be regarded, for the
purposes of s.1(1), as having been:
•born in the United Kingdom on or after 1 January 1983;
and
•born to a parent who at the time of the birth was a British citizen or
settled in the United Kingdom

Right so what happens to children born to parents, who are illegal in the UK? That is a problem area, as then the child should be registered, and if not then he can apply for naturalisation later on (I think, might want to check on that), but its up to the discretion of the secretary of state, in other words, there is no 'automatic right' in such a case to citizenship by virtue of being born here.

Children born in the United Kingdom on or after 1 January1983 who are not British citizens because, at the time of their birth, neither of their parents was a British citizen or settled here. Such children do not have the right of abode and are subject to immigration control.
They are not here unlawfully, however, and are not required
to apply for leave to remain.

sh1981

mickflynn39 wrote: »

SH1981, I like the way your mind works. You've given me food for thought. I don't think it's going to be easy for her to get the council house of her dreams. However she is thinking long term and wants stability for her and the children. Rent is much lower in a council house and she does want to work more and more as the children get older. She also wants to buy a house long term so again a council house would be better for her if in the future you can still buy with a discount.

She says she will do her best to find me new Polish tenants that will move in on the day she moves out. At the end of the day I am in a much better position financially than her so I will help her do what is best for her and the children and sort things out as best as I can for myself when she does move out.

Been in a council house for 19 odd years, still don't have enough to 'buy it'. However, good on her, I'm glad she is positive thinking and equally glad that you are a very helpful person. Rent is lower but depends on locality of the council house, the property band if you will.

sh1981

Homeagain wrote: »

Although you sound like a very kind, caring person, I don't think you should draft a letter as you have suggested. You could get into trouble - its really not a good idea.

No he won't get into trouble of any sort, it's his right to evict, that's a fact. However IMHO it wont matter anyway, council works at its own pace, single mothers and disabled get priority regardless of circumstances.

von

I wouldn't assume that she will pass the Right to Reside test, especially if her husband is unemployed. It's a very complex area and the person to whom she gave all her information would have no idea if she was likely to pass it, she only gathers the information.