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EEA Permanent Residency & Self suffiiciency

(3 Posts)
Lico Fri 27-Jan-17 19:59:20

Hello,
Has any EEA national applying for Permanent Residency under self sufficiency been rejected because they have claimed child benefit ?

I know that a self sufficient person is defined as someone who has income and savings that would disqualify them from receiving benefits. Child benefit was not means tested until 2015 I think?
A millionaire could still claim benefit until 2015.

prh47bridge Sat 28-Jan-17 00:20:28

The test is that you are above the maximum amounts needed to claim means-tested benefits. Child benefit is still counted as a non-means tested benefit despite the High Income Child Benefit Charge, so an application for permanent residency should not be rejected due to a claim for child benefit.

Lico Sun 29-Jan-17 11:34:27

Thank you so much for your reply.

I am using an immigration lawyer who has advised me to apply for permanent residency through the EEA route under self sufficiency. I qualified for everything but had the unfortunate 'mistake' to claim child benefit (circa £80 a month) for my daughter, a British National, as my husband and I were legally entitled to and which is not means tested (until recently with either parent earning over £60k where the child benefit is effectively paid back through income tax). My husband is also a British national. I have already paid £2600 for legal advice only to be told that my application for permanent residency might not be successful because I claimed 'benefits'!! (Just child benefit of £80 a month). Will receiving circa £960 a year really demonstrated that I am not effectively "self sufficient" even if I have substantial savings and some income!!!
The lawyers now want another £1500 plus Vat to check whether the Child benefit which is paid into in my bank account will jeopardise my Permanent Residency!

On another note I am not too sure whether applying for permanent residency as an EEA national exercising treaty rights is the right route for me to take. I came in the UK in 1977 as a student, set up a company, had employees, then went self employed, got married and decided with my husband to look full time after my child (last 10 years).
Because it is difficult to produce the necessary documentation going back 40 years she advised the permanent residency route using a recent 5 year period. I feel this route is designed more for straight forward EEA younger professional people who came over to the UK just over 5 years ago. What would be the best option for people like me who exercised their treaty rights a long, long time ago, have a family and that do not fit neatly in any of these boxes!
My husband, feels that some of the lawyers do not have experience with EEA nationals and are trying to fleece people like me. Am not sure who to believe and what to do? What do you think? Should I change lawyers? Should I wait for announcements from Theresa May? Should I apply for British Citizenship in order not be split from my family?
What would happen to the 39 years contribution which I made for my State pension? My properties ? Wills? Etc.. Really confused right now

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