I was discussing this with the Immigration SSU only couple of days ago. I wonder whether an EEA family permit, a.k.a residence permit, being issued for a fixed period as opposed to registration cards that aren't might be distinguishable from the permits held not to be worth the card they're written on in the recent Dias decision..
As he's a family member of an EEA national he shouldn't have a bar on recourse to Public Funds so I don't think you've a problem there, although he'll be living at the bottom of the pile when it comes to deciding his application for leave to remain I'd imagine.
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