EEA16 – Economically inactive – Working Partner Columbian

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  • #34978
    Anonymous
    Guest

    I have an EEA16 person, who has been in UK since 2004, worked up until 2006 when she stopped work to have a child and has never returned, is not registered as actively seeking work.
    However, she has a Columbian partner (not married but the father of child – his immigration status have never been questioned) who did work, and when he did work was earning above applc amt but would still be reliant on HB to pay Housing Costs, but then he had 2 periods of unemployment 1) due to illness, then 2)due to the fact he could no longer work as a driver on an international driving licence?!
    Can anyone please help as to whether they would be eligible to claim HB either for some or all of these periods, or if there is anything else I would need to consider before making a final decision
    Thank you 😕

    #98359
    stevedaymond
    Participant

    If Mr has leave to remain without any restrictions on public funds then he can be the claimant throughout and is eligible. If Mr does not have recourse to public funds he will be ineligible and the claim would need to be in Mrs name.

    As you have stated she does not retain worker status so would be classed as an Economically Inactive EEA national and need to have comprehensive medical insurance and be self-sufficient. She may be self-sufficient based on Mr’s income but without the medical insurance this is irrelevant.

    If She has no medical insurance she is ineligible as she has a non-qualifying right to reside and fails the HRT and if he has no recourse then he also will be ineligible.

    #98360
    Anonymous
    Guest

    I have found further information that his right into the UK was as a family member of an EEA national ‘who is exercising a right in the UK under the Treat of Rome’.
    There is no mention of public funds on his home office docs, but it does state he has permission to reside and permission to work ‘as long as [EEA member] continues to exercise a Treaty Right’.

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