EEA FP and benefits

[conns]

ALSO I FIND INFO HERE FOR FIRST. UNDER SELF SUFFICIENT

http://www.info.doh.gov.uk/doh/finman.nsf/4db79df91d978b6c00256728004f9d6b/b72e11ac8d39a46380256d6b0055b2f2/$FILE/GUIDANCE%20APPENDIX%206%20FINAL.pdf

[hotrod4098]

as i see it...why did the OP,,not ask about a visa before he got married..surely that is a must..

if i was on benefits,,i would make sure all was 100 per cent before i got married ,and dont have a problem,,

now the OP has a big problem..he can not support his wife,as he can not work..

can not live in thailand either as his benefits would stop....you are allowed 4 weeks outside the uk at any one time..

the OP gets the highest rate of disability allowance,so will never work...

how can any one make such a mistake..

chance of visa to uk...very limited

[hotrod4098]

the government raised the bar with the £18600.you must earn before getting a visa to the uk..it stated this is the amount that

you would not get any help from the government..

so some one on benefits i think wont get a visa

[7by7]

Hotrod4098 <snip>,

The minimum income and/or savings requirement introduced in the changes to the UK family settlement visa rules in July 2012 doesn't apply to people in r4b's situation; i.e. in receipt of DLA and certain other state benefits.

He did, though, have to show that he could adequately support and accommodate his wife without claiming any state benefits other than those he was already receiving.

Additionally, those income based benefits he receives cannot be used in calculating whether or not he has sufficient income to meet this adequate maintenance requirement.

Likewise, these income related benefits cannot be used to meet the self sufficiency requirement for an EEA family permit.

The information in the NHS appendix linked to by conns is a guide from the Dept of Health for use by NHS hospitals. It is not a definitive guide to the EEA regulations; I linked to those earlier in the topic. As that appendix says right at the start

1. Decisions on residence are a matter for the Home Office and UKBA. These notes are meant as a guide only. If a relevant NHS body is unsure whether a person has a right of residence for the purpose of applying the Charging Regulations it should seek advice on rights of residence from the UKBA.

(Note; they are a little out of date as the UKBA is now UKVI)

I am still of the opinion that were r4b to renounce his British citizenship and become solely Irish so his wife can apply for an EEA Family Permit that, even if UKVI were accept that he is exercising a treaty right in the UK or was a permanent resident of the UK, his wife would still be refused as he cannot support her without recourse to income related state benefits.

It's not what he wants to hear, but I don't make the rules.

Edited March 30, 2014 by Maestro
Removed part of post that was reply to removed posts.

[Maestro]

Removed some unitelligible posts and the replies to them.

[beano2274]

I said right from the start that he could not do it as he did not qualify.

But give the guy credit he is fighting to get his family together. I was lucky my wife joined me in Germany and now she has the chance to live in the UK if we decide to.

To the OP, take the advice from some of the guys, seek out a lawyer and have a go, but if it does not work then you have to make an even bigger decision, move to be with your wife or live without her.

Good luck either way.

[thepool]

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I said right from the start that he could not do it as he did not qualify.

But give the guy credit he is fighting to get his family together. I was lucky my wife joined me in Germany and now she has the chance to live in the UK if we decide to.

To the OP, take the advice from some of the guys, seek out a lawyer and have a go, but if it does not work then you have to make an even bigger decision, move to be with your wife or live without her.

Good luck either way.

He cannot move ------the benefits would be lost !

The best move he can make is to seek legal advice as has been advised here many times

The problem will not be resolved here.

[beano2274]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

I said right from the start that he could not do it as he did not qualify.

But give the guy credit he is fighting to get his family together. I was lucky my wife joined me in Germany and now she has the chance to live in the UK if we decide to.

To the OP, take the advice from some of the guys, seek out a lawyer and have a go, but if it does not work then you have to make an even bigger decision, move to be with your wife or live without her.

Good luck either way.

He cannot move ------the benefits would be lost !

The best move he can make is to seek legal advice as has been advised here many times

The problem will not be resolved here.

I know his benefits would be lost, but it is that or leave his wife in Thailand and visit her when he can, if he can.

[marstons]

just open another thread, nit pick and disagree with all advice given from people who know what they are talking about. All this is a repeat of your previous thread. TV members do not decide who gets in and who does not. Go see a lawyer as advised you sure should be able to afford one. You managed to turn a immigration thread into a political statement. Take it you mean born and bred not born and bread.

Why not open a thread in another forum if you want to get into politics, because I think you lost the sympathy vote a while ago. Accept the help being offered for FREE by people giving up their time to try and help. FREE and you did not have to fill a claim form out to get it, and from people who come from the Britain with a capital B in front of it.

All posts and thoughts are immigration related. The fact of me changing my citizenship is immigration related and in most things involving uk/ireland northern ireland politics goes hand in hand. Who you think makes the immigration rules ?. Nobody is asking you to read or leave a comment. if you dont find the topic of interest then dont take part. But i can assure you this is not a one off issue and the finding here i am 100% will be of use to others. the point of the site is it not !!.

Point taken, i was fortunate to get all visa's approved no hassle up to ILR , I used UKBA for questions and local MP was helpful. At least you will be probably be together sometime and in the mean time suspect both being taken care of well in respective countries.