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  • FIRST POST
    • valencia19
    • By valencia19 6th Nov 18, 3:11 PM
    • 9Posts
    • 0Thanks
    valencia19
    EEA National with British Child - UC?
    • #1
    • 6th Nov 18, 3:11 PM
    EEA National with British Child - UC? 6th Nov 18 at 3:11 PM
    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.
Page 1
    • _shel
    • By _shel 6th Nov 18, 3:35 PM
    • 1,612 Posts
    • 2,802 Thanks
    _shel
    • #2
    • 6th Nov 18, 3:35 PM
    • #2
    • 6th Nov 18, 3:35 PM
    Child benefits and child support from the father.

    There is no benefit that qualifies you just because you have a British child.
    • Woolco
    • By Woolco 6th Nov 18, 3:55 PM
    • 70 Posts
    • 98 Thanks
    Woolco
    • #3
    • 6th Nov 18, 3:55 PM
    • #3
    • 6th Nov 18, 3:55 PM
    Hi. Whilst I cant answer the question 100%, you must claim everything you can. Please can someone give better advice than me. I am stuck as I voted to stay Europe and now I switched off.
    • Alice Holt
    • By Alice Holt 6th Nov 18, 5:50 PM
    • 2,550 Posts
    • 2,950 Thanks
    Alice Holt
    • #4
    • 6th Nov 18, 5:50 PM
    • #4
    • 6th Nov 18, 5:50 PM
    If you have worked (or were on jobseekers) for 5 continuous years, that gives you permanent right of residence enabling you to claim UC.
    If you were working prior to taking maternity leave, you may have retained 'worker status' and may be able to claim UC for a period.
    If you start part-time work you may be able to claim UC.

    https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/

    As you can see the RtR and HR rules around UC are very complex.
    I would suggest you chart out your employment history since arriving in the UK, gather together all evidence of employment and dates (P60, P45, wage slips, NI record, etc) and get an appointment with a benefit specialist at your local advice centre / CAB.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Caz3121
    • By Caz3121 6th Nov 18, 6:27 PM
    • 11,554 Posts
    • 7,553 Thanks
    Caz3121
    • #5
    • 6th Nov 18, 6:27 PM
    • #5
    • 6th Nov 18, 6:27 PM
    with gaps x 2 years where I went travelling,
    Originally posted by valencia19
    were these gaps in the last 5 years?
    • valencia19
    • By valencia19 7th Nov 18, 1:20 AM
    • 9 Posts
    • 0 Thanks
    valencia19
    • #6
    • 7th Nov 18, 1:20 AM
    • #6
    • 7th Nov 18, 1:20 AM
    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....
    • poppy12345
    • By poppy12345 7th Nov 18, 6:44 AM
    • 3,787 Posts
    • 3,607 Thanks
    poppy12345
    • #7
    • 7th Nov 18, 6:44 AM
    • #7
    • 7th Nov 18, 6:44 AM
    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....
    Originally posted by valencia19
    Universal credit has nothing to do with NI Contributions. It's a means tested benefit.
    • Alice Holt
    • By Alice Holt 7th Nov 18, 2:10 PM
    • 2,550 Posts
    • 2,950 Thanks
    Alice Holt
    • #8
    • 7th Nov 18, 2:10 PM
    • #8
    • 7th Nov 18, 2:10 PM
    "worked 1-2 years and got pregnant"

    If you were working prior to taking maternity leave, you may have retained 'worker status' and may be able to claim UC for a period.
    Worker status can be retained for 52 weeks if you left work in the late stages of pregnancy. Retaining worker status will enable you to claim UC.

    Do get an appointment with a benefit specialist at your local advice centre / CAB, with details of when you left work and the due date of your baby.

    Edit: Thanks to OhWow, I can add more info on retaining worker status following pregnancy:
    "In the Court of Justice of the European Union (CJEU) case of Jessy Saint–Prix vs Secretary of State for Work and Pensions C-507/12, the CJEU clarified that an EEA national who becomes temporarily unable to remain in employment in the late stages of pregnancy, can retain their worker status and their right of residence in the UK.
    This only applies to people in employment. The Saint-Prix judgment does not apply to self-employed people.
    This is provided the EEA national returns to their previous employment or finds another job within a reasonable period (the Upper Tribunal says up to 52 weeks). Seeking work in this context is seeking work as a retained worker, rather than a jobseeker."

    Could this apply to you?
    Have you read my earlier post?
    Did you follow and read the link I supplied?
    Have you contacted your local advice centre for an appointment?
    Last edited by Alice Holt; 07-11-2018 at 6:04 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • welshmoneylover
    • By welshmoneylover 7th Nov 18, 2:20 PM
    • 2,796 Posts
    • 3,671 Thanks
    welshmoneylover
    • #9
    • 7th Nov 18, 2:20 PM
    • #9
    • 7th Nov 18, 2:20 PM
    Can you claim anything from the government of your original country?

    I don’t think that just because you have a child gives you automatic entitlement.
    I think they changed the rules around that a long time ago, possibly during the Major years.
    Be happy, it's the greatest wealth
    • Tammykitty
    • By Tammykitty 7th Nov 18, 2:31 PM
    • 639 Posts
    • 1,312 Thanks
    Tammykitty
    Have you looked into maternity allowance? Not sure of the rules on it, but you may be entitled into it depending on when you were working.


    You seem to need to have been working at least 26 weeks in this job between 23 July 2017 and 27 October 2018?
    Last edited by Tammykitty; 07-11-2018 at 2:35 PM.
    • brewthebear
    • By brewthebear 7th Nov 18, 3:22 PM
    • 173 Posts
    • 181 Thanks
    brewthebear
    Claim from the Father or the country you came from Why do you think now you have a child its benefits free fall
    • OhWow
    • By OhWow 7th Nov 18, 5:05 PM
    • 102 Posts
    • 107 Thanks
    OhWow
    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....
    Originally posted by valencia19
    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
    Last edited by OhWow; 07-11-2018 at 6:46 PM.
    • OhWow
    • By OhWow 7th Nov 18, 6:13 PM
    • 102 Posts
    • 107 Thanks
    OhWow
    Can you claim anything from the government of your original country?

    I don’t think that just because you have a child gives you automatic entitlement.
    I think they changed the rules around that a long time ago, possibly during the Major years.
    Originally posted by welshmoneylover



    The changes started from 2010 and have then applied retrospecitely, so that it also affects those already claiming beneifts from the UK before the changes.
    Last edited by OhWow; 07-11-2018 at 6:23 PM.
    • welshmoneylover
    • By welshmoneylover 7th Nov 18, 6:18 PM
    • 2,796 Posts
    • 3,671 Thanks
    welshmoneylover
    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.
    Originally posted by valencia19

    Seems UC will be a no go.
    Will the father of the child support you or will you be returning to work?
    Be happy, it's the greatest wealth
    • OhWow
    • By OhWow 7th Nov 18, 6:27 PM
    • 102 Posts
    • 107 Thanks
    OhWow
    Seems UC will be a no go.
    Will the father of the child support you or will you be returning to work?
    Originally posted by welshmoneylover



    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
    Last edited by OhWow; 07-11-2018 at 6:30 PM.
    • welshmoneylover
    • By welshmoneylover 7th Nov 18, 7:33 PM
    • 2,796 Posts
    • 3,671 Thanks
    welshmoneylover
    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
    Originally posted by OhWow
    Looks as if staying here could be an issue after Brexit.
    Where are people supposed to go if they donít want to leave?
    Be happy, it's the greatest wealth
    • _shel
    • By _shel 7th Nov 18, 7:48 PM
    • 1,612 Posts
    • 2,802 Thanks
    _shel
    Looks as if staying here could be an issue after Brexit.
    Where are people supposed to go if they donít want to leave?
    Originally posted by welshmoneylover
    'Home' where ever that may be. Must have roots somewhere where they can legally work and live.
    • OhWow
    • By OhWow 7th Nov 18, 7:59 PM
    • 102 Posts
    • 107 Thanks
    OhWow
    Looks as if staying here could be an issue after Brexit.
    Where are people supposed to go if they don’t want to leave?
    Originally posted by welshmoneylover

    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.
    Last edited by OhWow; 08-11-2018 at 1:44 PM.
    • valencia19
    • By valencia19 10th Nov 18, 2:27 PM
    • 9 Posts
    • 0 Thanks
    valencia19
    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?
    • dawyldthing
    • By dawyldthing 10th Nov 18, 2:37 PM
    • 3,115 Posts
    • 3,067 Thanks
    dawyldthing
    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.
    roll on end of April 2019 *16 done* = *24 to go*
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