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derived rights (EEA parent of British child)
Has anyone come across this - can’t quite figure it out from the new I (EEA) regs
Claimant is an EEA national, lone parent of a British child. Claimant has previously been a worker but no retained worker status and no permanent r2r.
The child is currently in education. Does it matter that the child is a British national rather than an EEA national?
Hi.
Presume other parent is British - see;
http://www.rightsnet.org.uk/forums/viewthread/9335/P15
Though this doesn’t quite add up, and hard to believe there’s not authority on this
Thanks - I reached the same conclusion but you could easily read Reg 16(3) as making the claimant eligible.
I agree re. Regs
I’d like to see resolution on this - common sense doesn’t seem to prevail here ...
But the “person” in para (3) is the child: the parent’s derivative right is covered by para (4).
The child would not satisfy para (3) because s/he is an “exempt person” as defined in para (7)(c)(ii): being British s/he has a right of abode. If the child is not covered by para (3), it follows that the parent isn’t covered by para (4).