My client is a Romanian national and has lived in the UK since 12/10/07.

The client's brother has been in the UK since 2000 but had no vaild immigration status. Romania joined the EU on 1st Jan 2007. Since March 2007 the claimant's brother has been self-employed - he has undertaken the necessary steps with HMRC. He has a right to reside under Immigration (European Economic Area) Regulations 2006 as a self-employed person.

My client has been in the UK as a student. In December 07 she obtained "UK RESIDENCE DOCUMENTATION FOR A NATIONAL OF BULGARIA OR ROMANIA" which stated that there were "no restrictions on employment in the UK for up to 20 hours a week". The documentation also stated " students may, without separate authorisation: work in the UK for up to 20 hours per week whilst studying" and "work full time during vacations".

My client was studying from October 08 until August 08 and worked part-time (from April 08 until July 08).

From October 08 she worked as a cleaner through an agency until in June 09 she became ill - diagnosed with Lupus - and had to give up employment. However, during this period she was not studying.

She has claimed no benefits and has been financially dependent on her brother.

We have told the client that it does not appear to us that she has a right to reside in order to claim any state benefits at present.

It does not appear to us that she has established a right to reside as a family member (she does not fall into any appropriate category) or extended family member (It does not appear that of the I(EEA) Regs 2006 Regualtion 8 (2), (4) or (5) apply although paragraph (3) might be a possibility).

The claimant has not complied with the terms of her Residence Documentation since starting employment in October 08.

My question is if she had complied with the terms of the Residence Documentation and worked for 12 months or more whilst studying would she be covered by the I(EEA) Regulations 2006?

It appears that the issue of the residence documentation itself would have placed my client in the category of person who is not an accession state national subject to worker authorisation.

The residence documentation itself states "after 5 years residence in the UK exercising a Treaty right a...Romanian national becomes a permanent resident..."

surely seh needs specialist advice from an immigration person..

If she had gone through the hoops and worked legally as a Romanian national fro the 12 month period she would now be in the same position as an "old" EEA national (French, Spanish etc) and still have to establish a right to reside if she is no longer economically active.

As with an A8 national, that 12 month period of working under special rules is essential simply to get them in line with everyione else, and it doesn't get them ahead of everyone else.

Thanks Ariadne, that's all I needed to establish.