EEA National with British Child - UC?

135

Comments

  • calcotti
    calcotti Posts: 15,696
    First Anniversary First Post Name Dropper
    Forumite
    edited 10 November 2018 at 4:46PM
    You might want to read through this to see if your dismissal was legally 'unfair'.
    https://www.citizensadvice.org.uk/work/leaving-a-job/dismissal/check-if-your-dismissal-is-fair/
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • xylophone
    xylophone Posts: 44,140
    Name Dropper First Anniversary First Post
    Forumite
    The problem is that I did not work the full 26 weeks, I had hyperemesis gravidarium and was in the hospital for a good chunk of the time I was pregnant and my emplyment was terminated.
    https://www.pregnancysicknesssupport.org.uk/get-help/employment/
  • valencia19 wrote: »
    Sorry but from what I have understood is that once I have a child who's registered as British, the elements of the Habitual Residency test differs slightly, this is what I was told a month ago by somebody who was looking to help with my case at the jobcentre, that I couldn't do much at the moment but once she was born to re-apply.

    It's strange when people ask me to go back to my mother land or to seek help from there when I havent lived there for a decade, I left Sweden in 2009 and have not paid any tax nor am I entitled to anything as I am not living there. I have built my life in the UK, I have my friends and my *material things' here so why would I move? I have worked and contributed more than a lot of other people in their whole lifetime.

    I have also understood that I can apply for leave to remain status though my daughter as I am a sole caretaker of my child.

    Anyobody knows anything about this?

    Not sure about having material things here would grant you access to benefits or the right to remain.
    It’s what the law decides unfortunately is what you will need to abide by.
    You have contributed to this country for less than 10 years, others have contributed a lifetime and they cannot access benefits either.
    Be happy, it's the greatest wealth :)
  • calcotti
    calcotti Posts: 15,696
    First Anniversary First Post Name Dropper
    Forumite
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • valencia19 wrote: »
    Sorry but from what I have understood is that once I have a child who's registered as British, the elements of the Habitual Residency test differs slightly, this is what I was told a month ago by somebody who was looking to help with my case at the jobcentre, that I couldn't do much at the moment but once she was born to re-apply.

    It's strange when people ask me to go back to my mother land or to seek help from there when I havent lived there for a decade, I left Sweden in 2009 and have not paid any tax nor am I entitled to anything as I am not living there. I have built my life in the UK, I have my friends and my *material things' here so why would I move? I have worked and contributed more than a lot of other people in their whole lifetime.

    I have also understood that I can apply for leave to remain status though my daughter as I am a sole caretaker of my child.

    Anyobody knows anything about this?

    Not strange at all, you clearly didn't make the uk your home because you left for very lengthy periods thus breaking your continuous residence. Your home was obviously somewhere else during those periods.
  • calcotti
    calcotti Posts: 15,696
    First Anniversary First Post Name Dropper
    Forumite
    Immigration law and rights to reside etc are highly complex. I don’t being the parent of a British child gives you any automatic rights. I think you have the possibility of some rights if you can demonstrate that if you were forced to leave the uK the child would have to leave to, there would have to be a reason they cannot live with father. Even though the rules may be different for infants rather than children in education. As I say it’s complex!
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Alice_Holt
    Alice_Holt Posts: 5,921
    First Anniversary Name Dropper First Post
    Forumite
    valencia19 wrote: »
    The problem is that I did not work the full 26 weeks, I had hyperemesis gravidarium and was in the hospital for a good chunk of the time I was pregnant and my emplyment was terminated. I feel like im stuck at a dead end,

    You can retain worker status (so claim UC) if temporarily ill. See also post 8. The combination may enable you to successfully challenge the UC RtR decision.

    Have you asked the DWP to look at their decision again?

    Are you renting? Has your HB stopped following your UC claim. How are you paying the rent?

    Have you sought advice from your local CAB / advice centre on UC RtR?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • calcotti
    calcotti Posts: 15,696
    First Anniversary First Post Name Dropper
    Forumite
    edited 10 November 2018 at 5:24PM
    Found this https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/eea-nationals-claiming-benefits-as-a-former-worker/

    “if you've left work because of the physical effects of the later stages of pregnancy or the aftermath of childbirth you may still be counted as a worker provided that you return to work or find another job within a reasonable period of the birth. During the period when you are not working you may be able to claim means-tested benefits such as income support.”

    No idea what legislation or guidance this statement may derive from.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Alice_Holt
    Alice_Holt Posts: 5,921
    First Anniversary Name Dropper First Post
    Forumite
    calcotti wrote: »
    Immigration law and rights to reside etc are highly complex. I don’t being the parent of a British child gives you any automatic rights.....!

    Quite.

    The OP keeps going back to this, when the question (as I understood it), was about entitlement to UC.
    She doesn't seem to be able to grasp that entitlement to UC depends on her situation (not the child's). She needs to show that she has retained her "worker status".
    It is possible that this may be the case - through a combination of factors I have mentioned in my earlier posts. However, since she hasn't replied to me, or given any indication of reading my posts I can't help her any further.

    In her position I would be:
    a) seeking help from an accredited welfare rights organisation about UC RtR;
    b) putting in an MR based retaining worker status through temporary illness, and then the St. Prix pregnancy ruling. (http://cpag.org.uk/content/saint-prix-v-dwp-pregnancy-and-right-reside).

    You are completely correct about a parent deriving rights from their children when the child is in the education system. (http://www.cpag.org.uk/content/%E2%80%98baumbasted%E2%80%99-right-reside-test-claimants-children-education)
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Alice_Holt
    Alice_Holt Posts: 5,921
    First Anniversary Name Dropper First Post
    Forumite
    calcotti wrote: »
    Found this https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/eea-nationals-claiming-benefits-as-a-former-worker/

    “if you've left work because of the physical effects of the later stages of pregnancy or the aftermath of childbirth you may still be counted as a worker provided that you return to work or find another job within a reasonable period of the birth. During the period when you are not working you may be able to claim means-tested benefits such as income support.”

    No idea what legislation or guidance this statement may derive from.

    The St Prix ruling - See my post above for details
    I have suggested this to the OP at post 8, but sadly the OP didn't engage.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards