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Top Other benefits topic #2340

Subject: "polish and afghanistani couple ..." First topic | Last topic
Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

polish and afghanistani couple ...
Wed 23-Dec-09 08:32 AM

seasonal greetings all !

have a cl. who is polish and :
came to uk 10/04 and has a residence card issued 11/02/08.
her husband is afghanistani and on 06/05/08 his passport was stamped with a residence card of a family member of an eea national.
they have a 3 year old child.
cl. claimed c.b but this has been refused.
cl. / husband lease chip-shop with flat above it.
i feel because cl. is polish with a residence card she should be able to claim c.b / c.t.c, but again my concern is that if her husband is put on the claim this may jeopardise his appl. for indefinite leave to remain when he attempts to do this.

any thoughts replies greatly accepted with a chuckle and have a very merry xmas everybody ...

pete

  

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Replies to this topic

Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: polish and afghanistani couple ...
Wed 23-Dec-09 01:01 PM

I was discussing this with the Immigration SSU only couple of days ago. I wonder whether an EEA family permit, a.k.a residence permit, being issued for a fixed period as opposed to registration cards that aren't might be distinguishable from the permits held not to be worth the card they're written on in the recent Dias decision..

As he's a family member of an EEA national he shouldn't have a bar on recourse to Public Funds so I don't think you've a problem there, although he'll be living at the bottom of the pile when it comes to deciding his application for leave to remain I'd imagine.

  

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