My 18 yo client came to the UK from Lithuania in 2005. She's now estranged from her parents, in education and living in a hostel. Due to the relationship with her father it's going to be almost impossible to obtain info from him about his status.

IS is refused as they say doesn't meet the requirements for the R2R test and for benefit purposes she isn't considered to be habitually resident.

They've looked at whether she can derive it from her parents but DWP say her dad hasn't completed 12 months registered employment (even though he tried ??) so he does not have the right to reside.

We have some documentary evidence to say he's almost always worked here but probably with gaps .

I'm not particularly au fait with these situations and will refer if need be but is there anything we can do for her in the meantime?

In the absence of a family member route to RTR, her options appear to be limited. I assume you are thinking of IS via the estrangement whilst in education provision. To get the RTR, she could consider do one of two things:

1) Become self employed part time and study part time - I am not aware of any definitive test of how much work is needed to be a qualifying self employed person, and you could draw upon the helpful case law for part time employees, who can nevertheless reach the hollowed ground of 'genuine and effective', on relatively limited hours of work. Once safely a self employed person, she could access any benefits that are available within her circumstances.

2) Register for work through Worker Registration Scheme, and study part time. I do not think there are rules about minimum working hours needed for the WRS (but maybe I am wrong about that?), and qualify for benefits that way. I have so far assumed that the 'genuine and effective' criteria would also be relevant in deciding this. What do others think?

Steve

Many thanks Steve. At least I've got something to tell her. I think it best if I refer her to a local law centre due to this gap in my knowledge.

She's got a place at uni in Sept so I don't want to mess up.

I'll wait to see if anyone else responds as you ask in your post