I'd be grateful for any advice on a client's RTR please.

Client is an Italian National with two children aged 8 and 4 yrs. She has separated from her British partner (not married) and is now a single parent. She and the children returned to the UK in November 2009 after approx 2 years in Switzerland, where her British partner was working. He was on an assignment working for Barclays and they continued to receive Child Benefit and Tax Credits whilst living in Switzerland. Partner is still in Switzerland, not intending to return to UK.

Client originally came to the UK in 1997 and worked in hotels until she left to have her first child in 2001. She has not worked in the UK since 2001 as her partner supported her.

Clilent's eldest child was in full-time education before the family moved to Switzerland in Feb 2007. When they arrived back in the UK in Nov 2009 client placed eldest daughter in school and youngest in pre-school.

I am not sure that client can argue a RTR for Income Support - she does not appear to have a permanent RTR, although she was in UK from 1997 to 2007, as she doesn't have 5 yrs continuous residence under the Regs. She hasn't retained a RTR from when she stopped work in 2001. She hasn't placed the children in education in 2009 whilst exercising migrant worker's rights. Am I missing something? Help much appreciated!

Wouldn't she have have lost a permanent R2R after more than 2 years out of UK anyway?

You still have an argument under The Teixeira case -see http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=106&topic_id=3566&mesg_id=3566&page=

The accepted understanding of this is that (unlike Baumbast) the client does not have to have been working or exercising treaty rights when the children go into education - sufficient that the primary carer (in this case) was a migrant worker in the past and there is nothing to suggest a time limit on this, so if she achieved worker status in 2001 I don't see any reason why this could not still count.

Many thanks, I will use Teixeira argument.