Help with my situation, not eligible for any benefits.

Caz3121

valencia19 wrote: »

I am now in a relationship with a british citizen and we just had a child 4 months ago.

We are living in his parents living room and have been since a year ago

what happened with the eviction? does your partner want to leave his parents house?
https://forums.moneysavingexpert.com/discussion/comment/74963052#Comment_74963052

OhWow

The European Court of Justice says that parent/s can use an EEA citizen child to be in any EEA country, but can't claim benefits from that country. And that time does not count towards the EU's "5 years of exercsing treaty rights at continuously for PR" as they are not exercising treaty rights.




It now appears that these people are the grandparents and the son is the father of the baby? And the OP still lives there with her boyfriend?

valencia19 wrote: »

Hello,
I am 36 weeks pregnant and homeless, I am staying with a lady and her husband and their son in their living room and have been since June 2018, so 6 months.
...
albeit for free thanks to these kind people,
...
I have been in contact with the council reg temp housing etc but everything takes SUCH a long time, takes me months to even get a reply at times.
..
Now I have gotten a letter from the lady in the house saying I have 28 days to move as they cannot let me live there with a newborn

I assume he can claim, but how does that help the OP have a "right to reside" in the UK under Free Movement?

She could buy a Comprehensive Sickenss Insurance and then be a Self Sufficient qualified person, to have a "right to reside" in the UK, but I'm not sure if that would work if he was claiming means tested benefits???


Or will the baby's father or grandparents look after the baby while you work so that you can be a "worker qualified person"? As you were told before, an EEA citizen worker qualified person can have benefits from that EEA country.



This is the guide that Home Office staff use to see who is an EEA qualified person.
https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-persons

valencia19

Hello,

Yes I am Swedish.

His parents are old, they can look after her an hour here and there but unfortunately not more, I have been down that route too. My options are quite slim, I am an accountant and have been looking for weekend work as that is when my partner is at home but there is no accountant roles open during the weekends. So, I rang the Swedish social security institute and long story short, I am not insured socially by neither Sweden nor England, how can I be in this limbo? I have worked for years on end here, I got all my p45s and 60s to show but still been denied eligibility by the HRH test, twice.

Partner is not claiming benefits as he works, I am not from here so not sure how all that works, wether you can get top ups on your salary or how it works, but on his salary alone we can’t even rent a room in London and survive. I stopped working in April 2018, which was less than 16 hours a week so I can’t go down that road either in terms on work-maternity pay, that’s already been denied.

valencia19

I have just read that on the 30 March 2019 they will fully open the scheme for EU nationals to apply for settled or pre settled status. I should definitely qualify for this but does anybody know more about it?

WhenIam64

I have just read that on the 30 March 2019 they will fully open the scheme for EU nationals to apply for settled or pre settled status. I should definitely qualify for this but does anybody know more about it?

The situation is still fluid so too early to say what will happen.

You can apply if the ultimate aim is UK citizenship but not if you do not intend to stay.

You should check your National Insurance record as that is one of the key measures for benefits so may have gaps through not working or not being here. What do your National Insurance records say?

Skibunny40

As pmlindyloo asked, are you getting any maternity pay? Are you going back to your old job?

Could you put the baby into childcare and return to any sort of work?

valencia19

Do I turn to HMRC for the NI records? I will give them a ring tomorrow. I have worked since 2009 but there’s been times where I have left and been away for maximum of 6 months twice during a decade.

And nope,

I am not getting a penny from anything apart from my child’s own benefit which is £80 a month.

Alice_Holt

Some thoughts on your situation.

1) As you are part of a couple, you will not entitled to any individual means tested benefits for yourself. You and your partner will need to make a claim together, and his income will be taken into account.
You say " I am not receiving a penny and am living on nothing but my partners salary which is basic"., but that is not unique to you. All couples are in that situation.

2) What is pertinent to you is that if you make a UC claim as a couple, and since you have failed the habitual residence test, the allowable UC allowances will only relate to the person in the couple who is eligible for benefit. So, for instance, you and your partner will not get the basic allowance for a couple of £499, but a single basic allowance of £318 (for your partner).
To get an approximate estimate of any UC payable, try putting your partners details and your joint savings and earnings into a benefit calculator on the basis that he is a single parent.

3) To pass the habitual residence test you currently (In brief) need to be a:
- worker:
- have retained worker status;
- have permanent status (i.e worked or job-searched continuously for 5 years);
- google the Citizens Adviceguide website for more instances and information.
https://www.citizensadvice.org.uk/benefits/universal-credit/
https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/

4) Applying for settled status is (I think) likely to resolve the habitual resident test issue for you, as I understand that those with settled status will be eligible to claim benefits such as UC. Please check this with your local advice agency.
"A person who has settled status has all the conditions on her/his stay in the UK lifted. This means that s/he may enter the UK freely, work where s/he wants, claim benefits and bring her/his dependants to the UK provided that they meet the requirements of the immigration rules." (Source: Citizens Advice)

Since yours is a complicated situation, I would strongly advise you to seek clarification from an accredited advice agency.

kingfisherblue

I can't comment on the benefits side of things as I don't know enough about it. However, you are living in an expensive city. You can't afford to rent anywhere. Your husband is on a basic wage.

Would moving be an idea? Maybe your husband could transfer to another branch, or get a job in a less expensive area. That way, his income would be more likely to support you as a family. Also, you might be able to return to work part time, even if it means paying for childcare.

I appreciate that wages are may be lower if you choose to move, but rent is a big issue for you. In the North West, you can rent a two bedroom terrace for less than £500. I live in a decent area of the NW and a three bedroom bungalow in the next street has just been rented out at £695 a month.

Another option is to take on some freelance bookkeeping work, if you are allowed to register as self employed. You could then do the work when your husband can look after the baby. Alternatively, consider supermarket shifts or similar. I know that it is not what you have been trained for, but at least you would be earning something.

valencia19

I understand that if we would make a claim for UC together, my part wouldn’t count as I don’t have any rights here. But surely if he would make this claim and he has a 4 month old baby living with him they could help?

I have contacted citizen advice and they never rang me back. I am also a little confused as to how it works, which one do I belong to - can I go to any of them or the one nearest to where I live?