getting late in the day but as ever, a cherry hello to all

have a cl. who :
is from the ukraine and came to uk 11 1/2 years ago to study.
since then she has :
worked either part-time or full-time mostly.
only returned to ukraine for 2 - 3 weeks per year for a holiday.
she has a latvian partner who is the father of their child and the child has latvian passport.
cl. passport appears to show that on 12/09/07 she has a residence card of a family member of an eea national, and this allows employment and business activities.
she partner are currently receiving w.t.c, c.t.c, and c.b.
she would like to know whether she could still claim these benefits plus h.b and c.t.b if she were to separate from partner.
she currently works.

thanx as ever to all that loooked at my query and as ever all replies greatly appreciated.

pete

Hi... since no body else answered.... depending on whether the dates of marriage and resedency fit the legislation then she retains her R2R until the decree nisi... but her status remains dependent on his status so he must keep working and be eligible...

She needs to apply to the Home Office for leave to remain


2006 No. 1003
IMMIGRATION
The Immigration (European Economic Area) Regulations 2006

“Family member who has retained the right of residence”
10.—(1) In these Regulations,

(4) A person satisfies the conditions in this paragraph if the person is the parent with actual
custody of a child who satisfies the condition in paragraph (3).
(5) A person satisfies the conditions in this paragraph if—
(a) he ceased to be a family member of a qualified person on the termination of the marriage
or civil partnership of the qualified person;
(b) he was residing in the United Kingdom in accordance with these Regulations at the date
of the termination;
(c) he satisfies the condition in paragraph (6); and
(d) either—
(i) prior to the initiation of the proceedings for the termination of the marriage or the
civil partnership the marriage or civil partnership had lasted for at least three years
and the parties to the marriage or civil partnership had resided in the United
Kingdom for at least one year during its duration;

thanx for that

will advise cl. as appropriate ...

enjoy your week.

pete

hello once again nick

just read your post properly and noted that you thought my cl. was married to the latvian, but in fact they never have married and are just cohabiting.
i suspect she has a residence card of a family member because of the child having a latvian passport
in this instance then can she still aplly for indefinite leave to remain, the child is aged 1 ?
i think not because the child is not in education yet ...

any reply from nick or anybody else greatly appreciated ...
thanx.

pete

I think you need to establish what was stamped in her passport when she first entered the country and whether this contained any "no recourse to public funds". Also, depending on any time limit restrictions she may be an "overstayer" and not legally here at all