Mixed marriage

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  • #38544
    Anonymous
    Guest

    East European lady (A8) went on maternity leave at the beginning of April having been working in England since June 2009. Company went into receivership and after one weeks maternity pay being paid by the receiver, the company was taken over by someone else and no further maternity payments made – this is being pursued by the clmt with legal help.

    Father of baby is from Bangladesh and was about to be deported but an application to marry was granted so they were married on 29 April 2011 and he made a further application to remain in the UK following that. He is not allowed to work and has no NINO.

    Baby arrives mid May 2011.

    There is only CHB in payment at the moment – tax credits not yet processed, MAA applied for, Income Support refused on grounds of Habitual Residence Test.

    They really do seem to be a couple though husband spends considerable time in London where he has family and friends who ‘support’ him. They can’t manage without this support as no other source of food or income.

    Am I correct in thinking I can award HB as clmt is an EEA worker (on maternity leave and A8 restrictions no longer applicable) with a foreign national husband without a NINO because he is subject to immigration control while his application is considered?

    #108718
    Kay_Tade
    Participant

    [quote=igannon]Am I correct in thinking I can award HB as clmt is an EEA worker (on maternity leave and A8 restrictions no longer applicable) with a foreign national husband without a NINO because he is subject to immigration control while his application is considered?[/quote]

    I think you can, based on details you have posted, she still retains her status “worker”. As an aside have you checked if she has attained a right to permanent residency? Also I would just send off a DCI form for the partner’s NINO and let that resolve itself.

    #108720
    Anonymous
    Guest

    Thanks very much for that reassurance Kay. Would she not have needed to be here for five years to obtain permanent residency? she has only been here just over two years now.

    #108721
    Kay_Tade
    Participant

    Sorry, don’t why I read that(June 2009) as over 5 years S)

    🙂

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