I wonder whether anyone's seen this before... I haven't and it's picqued my curiosity.

A couple from the EU are resident here. One partner has done loads of work and his R2R is indisputable. Made redundant and claims JSA. He needs to leave UK for a few weeks to look after a sick relative and his partner claims IS under the temp lone parent rules but it's refused as no R2R.

I'm unaware of any caselaw or statute that would help or hinder but plan to argue (unless someone else has a better idea ) that it would be perverse to refute partner's R2R for the sakes of a temporary absence considering the spriit of article 39 EC.

Any ideas/suggestions would be appreciated.

Hi Dan,

I think this is worth a go. Reminds me a bit of CIS/408/2006, where it was held that there was enduring Article 39 worker status, even during a period where person spent time being a carer (if memory serves). What do you think?

Best of luck,

Steve

You want CIS/2258/2008. In this case the Commissioenr (as he was then) held that temporary absences did not break the 5 year qualifying period, but the period of the absence itself did not count towards that 5 year period. So for every day you are abroad you extend the time needed to qualify from first arrival for a day.

CIS/2258/2008 concerns RTR via the permanent residence route,along with its explicit continuity provision for certain trips abroad. Not sure if Dan's case is down that road though.

Mon 06-Jul-09 11:30 AM by Dan_manville

No it's retained rights not permanent rights, I will have a shuftie at those decisions tho. Thank you both!

I remember 408, but the other one doesn't ring bells so off down the archive methinks!

408 will be handy as there's an analogous lacuna in the regs... I thought that had been decided under art 18 but was wrong on that as well...