EEA National with British Child - UC?

valencia19 wrote: »

i was working 4 years and left for a year and came back and worked again for 3 years and had another year abroad, came back worked 1-2 years and got pregnant, now cant get any help in return for all the ni contributions i paid over the years.... :T

It's 5 years of continuously being a Qualified Person in an EEA country that gives PR in that country. Unfortunately, each time you left the UK for more than 6 months, you stopped your 5 year clock and it started at zero when you came back to the UK and started being a Qualified Person again: Worker, Jobseeker, Student, Self Sufficent: The latter two must buy Comprehensive Sickness Insurance to be a Quaified Person as the UK changed the rules in 2011.


The EU Directive says each time we stop beng a qualifed person but remain in that EEA country, our 5 year clock to PR stops. It starts at zero when we start being a qualified person again. The UK might allow a few days grace.


The EU Directive states that we can only enter another EEA country and be there for 3 months and that if we want to remain after that, we must be a Qualified Person at all times, to have a right to reside in that country.

From 2010, the UK started changing the rules for EEA citizens and benefits and I think you will find that you need to be a Worker Qualified Person to have benefits from the UK, or have retained worker rights; which is time limited and might now be out of time, if you had this.


There are no benefits because your chid has British citizenship. It is the parent who claims benefits, if they are allowed to have UK benefits.


Have a look at the guide for Home Office staff, for what an EEA citizen Qualified Person in the UK is, because you must be one of these to have a right to reside in the UK, especially as Brexit is coming.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/732847/eea-qualified-persons-v5.0.pdf

valencia19 wrote: »

Hi there,

My daughter was born 9 days ago and we are registering her tomorrow (her father is British) and I have the last 6 months tried to apply for UC and was denied it because I wasn't a qualified person, even though I have been here for a decade and worked, with gaps x 2 years where I went travelling, but there isnt much I can do about that at the moment.

My question is, what am I entitled to with a child? They told me at the jobcentre when i tried to claim Income Support that I couldnt because my area is 100% UC and once I have had my child, the habitual residency test will slighly differ as there is now a child involved. Does anybody know anything about this? I am not with the father anymore, so I cant go that way.

Seems UC will be a no go.
Will the father of the child support you or will you be returning to work?

OhWow wrote: »

They also have the problem of having to be a Qualified Person, to be able to reside in the UK.


"Published for Home Office staff on 24 July 2018"
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/732847/eea-qualified-persons-v5.0.pdf

Looks as if staying here could be an issue after Brexit.
Where are people supposed to go if they don’t want to leave?

welshmoneylover wrote: »

Looks as if staying here could be an issue after Brexit.
Where are people supposed to go if they don’t want to leave?

People who have been lawfully (following EU law) in the UK for at least 5 years and who meet the requirements to be granted citizenship eg the Good Character requirement, have already been granted citizenship. These applied for citizenship as soon the UK voted to leave the EU.
The present Good Character requirement.
https://www.gov.uk/government/publications/good-character-nationality-policy-guidance


For those who will not be granted citizenship and those who have arrived since the UK voted to leave the EU, the lastest version on the talks for those using Free Movement to the UK, was updated on the 5 November 2018. You can read it for yourself.
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu

It seems that a Withdrawal Bill (if there is one) will allow people to apply to register stay and this will be granted if they are - lawfully in the UK (being a Qualified Person); are not a criminal that UK laws will not allow to be in the UK; have not used deception on that application to stay; haven't been given a deportation notice. etc?
e.g.Some of the people the UK have banned from the UK, have been allowed to return to the UK with an EEA citizen under the EU rules. They can't have British citizenship as they would not pass the Good Character requirement, but remain on the EU's PR. PR will end on Brexit.



So far, it still seems to be saying that those in the UK using EU Derived Rights, will not be able to stay? That does not lead to settlement anyway
e.g. a European Court of Justice Ruling that allows non-EEA citizen parents who have one child who is an EEA citizen, to use that child for all the family to move to any EEA country they want to, until that child is age 18.

I think you need to look into maternity from your old workplace. It’s what a lot of us only get even as a British citizen (I’ll be in the same boat in April next year(0) as you have to claim it from your employer/ the government depending on your work status. Only after maternity benefit can you get universal credit if your entitled to it.

Put the details into entitled to.com and you’ll see it’s the same as what I’m saying.