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A. Valcke
A. Valcke, Solicitor
Category: UK Immigration Law
Satisfied Customers: 731
Experience:  14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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My question about a Swedish national access to Housing etc.

Customer Question

Good Morning. I have a question about a Swedish national who used to be my step son, and his rights to access support now that he effectively does not have anywhere to live. I was in a relationship with a Philipine woman who was nationalised in Sweden, she had two children. They came to live with me in UK about 2001, but the relationship failed, as I found out she was still married, and she stole money from me and falsely accused me of domestic violence, and abuse of her daughter! The two children were about 16 and 13 at the time, they decided they wanted to live with me rather than their mother, and we went through the courts and I was awarded a residency order and had it extended until the children became 18 year old. Josefina is now 20, but the son Hendrexx is now seventeen. About two years ago he moved out of my home to live at a friends house, because of friction between my new wife and her teenage son, my wife was pregnant with our daughter at the time. Hendrexx left secondary school and now is on the second year of a sport related course at Moulton College Northampton. The friends parents have been active in contacting the social services, and have had an accessment of the current situation. Social security are saying that Hendrexx is not entitled to any support or housing benefit despite the fact he is now effectively homeless as he can not remain at the friends house. They are reluctant to ask him to leave to force the issue. His mother has returned to the Philippines, and he has never known his father, who is a Philippine merchant sailor. He was given Josefina's father's surname when registered to the Swedish authorities. He has one blood relative in the UK Aunty Lisa my ex's half sister who lives in London, Jo also lives there, and Lisa has a married daughter who lives at the same address with her husband and their 14 month old daughter, Lisa is also a foster mother to three young girls. Social services are being very cagey about what they will / can do and are resisting any positive input to help resolve Hendrexx's options, one justification is justification of the neccessary expenditures. There also say that if Hendrexx becomes home less they will put him in B&B and then send him to his Aunty. This is clearly not an option for her, and anyway Hendrexx wants to remain in Northampton and is doing well at College. Surely under section 20 of the children's act they must provide supportfor a minor, and cann't dis own him based on his nationality as he is Swedish. They say he has the following options, find a contracted job of 16 hours or more which meets their criteria as being suitable, then as a contributor he becomes eligable. Apply for British Citizenship, or find a new home ie go to his Aunty. As a minor this seems totally unacceptable, Jo left home under my request when she was 17 through similar issues of compatibility, and was given support and had a flat within days, so what's difference now? I can not accept him back even on a temorary basis as we don't have any spare room, and my job is now insecure. He accepts this situation, but I have committed to speak to the social services. I have just completed a council house registration as a contingency, to ensure some options would be available should I loose my income. I am also seeking advice from the Swedish Embassy on Hendrexx's entitlements in the UK.


 


I have now talked to the social services and will be meeting them on Friday this week.  The only update is that they were under the opinion that the residency order expired when the children gained 16years old.  Could this change the housing dept application, or his claim for income support?  I feel sure that the social security department will try to force me to take Hendrexx back, which I will resist as it is not what we want two years on.  He visited us last evening to ask if I would sign a parental permission form for a college trip, which is no problem, however when he had left I found my wife in tears, partly out of pity for him, and partly because of the memories of what had happened in the past, both as a result of his mothers action towards me, and the dificulties before Hendrexx moved out.  This now re enforces my view that it is not in our interests to be forced to re house him, and the distruption this will couse in the weeks and months ahead.  Also the problem is only going to return in July 2012 when he becomes 18 years old, he says he wants a more secure / permanent solution, and would prefer not to return.


 


 Please can you help clarify what can be done? BR Mike Barry

Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  A. Valcke replied 3 years ago.
Dear Mr Barry,


Thank you for your question.


Am I correct in thinking that your step-son is 17 years old, that he has resided continuously in the UK since 2001 and has been in full-time education during this time?


Also please could you confirm whether you still provide financial support to him?


Finally, please could you tell me whether he has applied for permanent residence with the Home Office?


I look forward to your response.

Customer: replied 3 years ago.

Hello, Yes Hendrexx is seventeen, and lived continuously in the UK since he arrived. He enterted junior school shortly after arriving and has continued in the education system.

 

I do not provide any finacial assistance now, or claim any benefit for him since he left home two years ago.

 

We never applied for permanent residence, as it wasn't thought to be neccessary as a EU citizen. We have never been asked for or needed any sort of proof of residency. I am familiar with the imigration process Limited leave to remain etc. as my wife and her son have followed it throught to gaining their citizenship as Non EU citizens

 

Thank you BR

MikeB

Expert:  A. Valcke replied 3 years ago.
I would recommend that your step-son apply for a permanent residence certificate. With this certificate he can prove conclusively that he has a right to reside in the UK. This is one of the conditions placed on EU citizens when they apply for benefits in the UK. Furthermore, as a permanent resident, his right to reside in the UK will no longer be subject to a condition that he does not become an unreasonable burden on the UK's social assistance system. I can send you a copy to the link to apply for a permanent residence document.

Once he has this permanent residence document, he should be able to renew his application for social assistance. If you like I can send you a link to a guide produced by the EU that summarises various benefits available in the UK and what conditions apply.

 

In case he faces continued difficulties in accessing social assistance, he should contact the European Commission's legal assistance service, Your Europe Advice, as they can advise him on his rights and can ask for someone to intervene in his case. I can send you a link to their website if you want.

 

I hope this answers your question. Please don't forget to click accept. I hope

 

 

 

Customer: replied 3 years ago.

Thank you for your answer.

 

Please send the links mentioned.

 

Whilst it is commonly known that there is free movement of people in The EU it is not appreciated that the UK still require further documentation for EU subjects. As explained I have been a frequent visitor to the Border Agency web site over the last few years, and never picked up this requirement, and until now they ( or myself on their behalf) have never been challenged for the right of entitlement to any service in Education, or Health care, Child benefit or Tax credits, or Income Support or JSA. Also Josefina was facilitated under similar circumstances about three years ago, without question. I presume that this documentation should have been obtained by the mother I certainly can't finance this exercise these days, but I will pass on the information.

 

Unfortunately in the short term this will not be what is required, there is still a minor living in a situation which is not tenable who will be invited to leave his friends house in the near future with no where to go, and no means of finacial support. I hope that the Borough Council would not turn him down for emergency accommodation under the 28 day rule, can you advise on this aspect or pass my question on to someone who can?

 

BR

MikeB

Expert:  A. Valcke replied 3 years ago.
I have suggested that your step son obtain a permanent residence card. The application is free of charge, so there should be no cost (except postage and photocopying). This is the easiest way to ensure that DWP and other agencies don't deny benefits to your step son on the basis he doesn't have a right of residence.
As far as the Council is concerned, I understand that they require your step son to prove his right to reside. This is a standard condition in respect of all applications for social assistance since the rules were changed around 2006-2007. That is probably why your step daughter did not face the same hurdles.
I will send you the links by separate message. I'd be grateful if you could click accept.
A. Valcke, Solicitor
Satisfied Customers: 731
Experience: 14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
A. Valcke and 3 other UK Immigration Law Specialists are ready to help you
Expert:  A. Valcke replied 3 years ago.
This is a guide on social security benefits available in the UK:
http://ec.europa.eu/employment_social/empl_portal/SSRinEU/Your%20social%20security%20rights%20in%20UK_en.pdf


Your step-son can submit an application for permanent residence using Form EEA3:
http://www.bia.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea31.pdf


In case he faces further difficulties, he can also submit an enquiry to Your Europe Advice:
http://ec.europa.eu/citizensrights/front_end/index_en.htm


I wish you all the best of luck!

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