EEA National and HB

Hi guys. Looking for some assistance with this as I don’t know where to go now.

I have a client who is a Polish national and has been in the UK for 9 years. She has worked continuously in the UK until 21/1/16 when she started a full time college course in a bid to enhance her career prospects. She is a single parent (daughter is 2 1/2) and has been awarded a bursary by the college.

My problem is that HB will not pay her. They have accepted her as being a self-sufficient student, but are refusing on the grounds that she does not have sickness insurance.

There are no derived rights from the child as it’s not in education and I am thinking the only avenue left is to apply for permanent residence.

Is that the only way, or does anyone know of anything else which may help.

Thanks in advance

Peter

Definitely sounds like permanent right to reside if over 5 years genuine and effective work. Don’t have to ‘apply’ for it, just acquire it on the basis of the facts - therefore need to appeal HB decision. Call our advice line on Monday morning if you want to discuss further - 0141 552 0552 from 10am to 4pm.

If she has worked for a continuous period of at least 5 years she almost certainly has squired a permanent right of residence. She doesn’t need to apply for permanent residency- the fact of the continuous employment should be sufficient for HB purposes.

The only thing is that as she is an A8 the work will need to have been registered under the workers registration scheme during the time that was still a requirement (this could mean that she would not have worked ‘legally’ for 5 consecutive years).

It shouldn’t be necessary for your client to ‘apply’ for permanent residence. She has permanent residence as a matter of EU law. Applying for the card just saves you the legwork of having to prove it again and again.

If there’s an entitlement to income support, perhaps you could have the DWP do the legwork instead?

well looks like you have an answer anyway… you know what they say about buses!

I probably look remarkably like the back of one this morning…