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    Hi.guys please help me its not about visa its about national insurance number
    my wife is eu she has pss and she applied for ni number in dec in feb we got letter that send your pasport copy by this date other wise application will cancel we were away missed deadline we try to call decision making center from feb they never answer phone what can we do now?
    and second question is my friend is eu as well with pss.he getting every benifit universel credit child benifit .i heard you not allowed benifit on pss how he getting can some one explain please
    thanks

  • #2
    Originally posted by Manraj View Post
    Hi.guys please help me its not about visa its about national insurance number
    my wife is eu she has pss and she applied for ni number in dec in feb we got letter that send your pasport copy by this date other wise application will cancel we were away missed deadline we try to call decision making center from feb they never answer phone what can we do now?
    Morning,

    What number are you calling? Is it any of the ones provided here? National Insurance: general enquiries - GOV.UK

    This helpline uses speech recognition software, so you will be asked why you are calling HMRC. Try to answer with short phrases and words, for example:
    • “change my address”
    • “question about National Insurance payments”
    • “find out National Insurance rates”
    If you cannot use speech recognition software, find out how to deal with HMRC if you have additional needs.
    Telephone: 0300 200 3500 Textphone: 0300 200 3519
    Outside UK: + 44 191 203 7010
    Opening times:

    Our phone line opening hours are: Monday to Friday: 8am to 6pm

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      Originally posted by Manraj View Post
      and second question is my friend is eu as well with pss.he getting every benifit universel credit child benifit .i heard you not allowed benifit on pss how he getting can some one explain please
      thanks
      Actually, this isn't exactly the case. Unlike other visas, people with status under the EUSS are not subject to no recourse to public funds, that means even pre-settled status should allow access to benefits. What has been happening is that the DWP has not been recognising pre-settled status as a right to reside in itself, meaning people with pre-settled status have still been assessed under the old EU rules to establish entitlement to certain benefits, notably those for people who are out of work, such as what was formerly known as jobseeker's allowance, now they have all been rolled into UC. But different benefits have different rules and people who are working are classed as workers, which is a right to reside under EU rules, so they can claim UC to supplement their income. The requirements for child benefit are different from the requirements for other benefits, so having pre-settled status does not exclude people from claiming benefits.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        You and your friend should also be aware of the Fratila case which challenged this issue of not regarding pre-settled status as a right to reside for benefits claims, this is ongoing and you will find more info here: Access to means-tested benefits for EU citizens with pre-settled status | CPAG

        ...where you'll see:

        CPAG have prepared this advice for claimants and their advisers (note this is the third version of the advice which we update as things develop).

        Despite the quashing of the regulations being stayed until the Supreme Court judgment, claimants should still act now to protect their rights. Further, claimants should check back to this page in late May or early June to find out if the Supreme Court has lifted the stay and therefore whether they may be able to obtain payment on a discretionary basis whilst the litigation is still ongoing.

        In summary:
        • Claimants with pre-settled status who have failed the habitual residence test in relation to a claim for means-tested benefits should apply for a “revision” of the decision (mandatory reconsideration), if they have not already done so.
        • Claimants who have already had a mandatory reconsideration refused should immediately appeal against the decision to the first-tier tribunal, relying on the Fratila Court of Appeal decision. These appeals may need to be stayed.
        • Claimants with pre-settled status who have not yet made a claim for benefit should claim benefits to which they think they are entitled as soon as possible.
        Please note that this webpage (and note for advisers) is up to date at the time of writing (21 May 2021) and advisers should check back regularly for updates.

        FOI2020_52309 Reply.pdf
        Fratila v SSWP (final) 18.12.2020.pdf
        Supreme Court Order granting permission and further stay
        Advice for claimants

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          We have one year child .my wife has to look after him she want to work but she can't she never worked in UK .I am working full time 50 HR week
          can some one will explain if my wife can apply any benefit like we have kid can she apply child benefit ? She has pss if she will apply it has any bad effect in future if you apply settle status

          Comment


          • #6
            Originally posted by Manraj View Post
            We have one year child .my wife has to look after him she want to work but she can't she never worked in UK .I am working full time 50 HR week
            can some one will explain if my wife can apply any benefit like we have kid can she apply child benefit ? She has pss if she will apply it has any bad effect in future if you apply settle status
            Evening,

            Settled status is based purely on residence and the only thing that could affect it would be criminal convictions. Claiming benefits you are entitled is perfectly fine. No bad effect whatsoever. Do bear in mind people with leave under the EUSS are not subject to No Recourse to Public Funds like other people on other forms of limited leave.

            You will find full info here: Child Benefit if you move to the UK - GOV.UK

            ...where they say:
            Child Benefit if you move to the UK


            Everyone needs to meet the eligibility rules to claim Child Benefit. If you’re moving to the UK from abroad you also need to prove that you:
            • have the right to reside in the UK
            • live in the UK as your main home - except for short periods, like holidays
            In most cases, your child must live with you.
            Your child does not live with you in the UK

            Usually you will not qualify if you’re from outside the EEA or Switzerland and your child does not live with you.
            If your child lives in an EEA country or Switzerland

            If you moved to the UK from an EEA country or Switzerland before 1 January 2021 (or if you’re covered by by another condition of the EU Withdrawal Agreement) you might be eligible for Child Benefit.
            You or your partner must pay UK National Insurance (if you’re employed or self-employed) or get one of these benefits:
            • contribution-based Jobseeker’s Allowance (JSA)
            • contribution-based Employment and Support Allowance (ESA)
            • State Pension
            • widow’s benefits
            • bereavement benefits
            • Incapacity Benefit
            • Industrial Injuries Disablement Benefit
            • Severe Disablement Allowance
            • Statutory Maternity Pay (SMP)
            You do not have a job when you arrive in the UK

            In most cases, you must have been living in the UK for 3 months to be eligible for Child Benefit.
            You could also be eligible if you:
            • have a family member who works or is self-employed
            • were made redundant in the UK (or your family member was) and you’re now a jobseeker or in training
            • temporarily cannot work because of your health or an accident, but have worked in the UK before
            • usually live in the UK and were getting Child Benefit before moving abroad for less than one year
            • usually live in the UK and were in the UK for 3 months, before moving abroad for less than one year
            • paid Class 1 or Class 2 National Insurance contributions while working abroad, and paid these within 3 months of returning
            • are a refugee
            • have been granted discretionary leave to enter or stay in the UK, and can get benefits
            • have been given leave to stay as a displaced person and you can get benefits
            • have been given leave to stay and have applied for ‘leave to remain’ as a victim of domestic violence
            • have been granted humanitarian protection



            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment


            • #7
              This other page: Right to reside - GOV.UK

              ...says:
              Right to reside


              ‘Right to reside’ means you have the right to live in the UK.
              You have a right to reside in the UK if any of the following is true:


              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment

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