thai lady has split from her husband in uk for 4 months now,they live seperately , she has a baby to him which was born in uk, she is getting child benefit for the child allready. she was working but didnt go back to work because she is taking care of the baby and wont leave the baby with childminders as baby is only 7 months old. the husband is still residing in uk but has been out of work due to illness and is on incapacity benefit. question now is this, the thai lady is alone with baby born here,she has a 5 year resident permit for 2 years now ,3 years remaining, is she entitled to state benefits ? she cannot go back to work and she cannot or will not go back to thailand, she needs money to live on for her and baby,what is she entitled to ? immagration cannot send her back as her baby was born in uk so therefore mother and baby cannot be seperated.also is she entitled to housing benefit ?

thanks in advance

hi dmax

her best options are to book an appointment with the CAB,and also book an appointment with the local authority housing options team

they will advise her on all housing needs and issues and also advise her on all the state benefits that she would be entitled to,

I am 99% sure the local authority would have a duty to provide housing assistance for the lady and baby in question,and also the state would have to pay what ever she was entitled to as the baby is a british citzen,it would be best for her to take someone along with her who no what

they are advising her,so she understands her FULL rights as the mother of a british citzen.

Hope this helps in some way.

This post is headed EEA Permit Advice. Does that mean that the lady is the spouse of an EEA national ? If so, and the marriage has broken down, then she may not be able to benefit from the provisions of marriage. I would have thought that she can only benefit if she is in a subsisting marriage to someone exercising their Treaty Rights ? I'm not sure that the birth of a child in the UK can help her. However, CAB may be able to assist with information on her current position.

See also 6. Retention of the right of Residence.