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Right to reside and EEA family member
Good afternoon
We have a situation here with a Polish Mother who is married to a British national. Her son is aged 17 and lives with the couple in the UK. He is severely disabled, and receives DLA H/R care and L/r mob. Step Dad has made a claim for ESA for the YP and step dad works. Mum has never worked as she is a full time carer for her son and gets paid CA.
The ESA claim has been refused. We understand that we cannot go down the EEA family member route as mum doesnt work or meet any of the other qualifying conditions, and though Dad is working, he is British and has never worked in another EEA family state so therefore isnt exercising treaty rights.
We are at a bit of a loss as to how to help this young man. We dont think he can gain a permanent right of residence as he is unable to fit into any other the criteria to gain this, and the only thing we can think of is to apply for naturalisation as a british citizen. We think even this would be subject to discretion as he doesnt fit into the main categories. This is expensive but we are concerned that unless he does this (or Parents on his behalf) that he will never be able to claim benefits in his own right.
Does anyone have suggestions for anything else we can try/consider?
many thanks
Hi Dizzymare, I suppose you would have said this if it was the case, but has the child been adopted by the step dad?
Thank you for your reply. Not as far as I am aware - but I will check this. What is your line of thinking?
A child, the child must be under 18 when the application is made, that is adopted by a British citizen is treated as such, from the date of adoption, so this may be a quicker way other than naturalisation?
Worth looking into - thank you for your help