My client could derive a R2R as a family member of husband who is UK national working in Switzerland - they have a decree nisi made in 2008 but no decree absolute.
Can she still count as a spouse?

Given that the divorce is not usually finalized until the decree absolute then I would have thought that she remained his spouse until then. A quick phone call to a divorce lawyer should get the answer.

Hi,

A Decree Nisi only tells you that a divorce is almost completed.

When the court gives the Decree Nisi the husband/wife has to wait 6 weeks and 1 day before the divorce can be made final. This is to allow time for anyone who objects to the divorce to tell the court why they object.

After 6 weeks and 1 day, can apply for the "Decree Absolute".
This means the divorce is completed and are couple are then no longer married.

Hope this helps

Thanks for the replies - I did follow Nevip's advice and checked with a family lawyer who confirmed that client is still a spouse after a decree nisi but before the absolute.

Hi, my client is an A8 national from Poland, been here since 2006 and has not completed 12 months registered work. JSA has been refused on these grounds.
We are assisting because of very severe domestic violence.

Her husband is also an A8 national but he has been in registered work for more than 12 months and is still working.

HB have accepted the situation and are paying.

What is the JSA regulation and /or case law that she can derive her R2R from.?

Thanks

I have just done one of these for a Lithuanian woman with a young child, separated from her husband. Income Support as a family member of a qualifying person. It took nearly 12 months to sort out, largely due to evidencing the husband's employment and home office registration. Decision revised by DWP to award IS as soon as husband's status and proof of marriage verified.

The JSA reg is virtually identical to the IS Reg and the relevant reg is 85A(4)(d).

This croped up in one of my upper tribunal casses and may be of use.

CIS/2431/2006

I think it must be on the upper tribunal web sight but I do have a saved copy if anyone is interested.

Regards

Phil

hi

here's a link to briefcase summary of CIS/2431/2006

cheers ros