good day all and i think i've got the answer to this but ...

have a cl. who became 60 on 04/04/09 and was advised to claim p.c by ps, but of course this claim refused.
prior to this was in receipt of i.s on the basis of incapacity for work.
cl. arrived in uk 1997, is portugese national, and between 1998 - 2001 was employed, paying tax and n.i conts, but has been in receipt of benefits since then.
her husband from whom she is separated is also a portugese national and is in economically active in uk.
she does not live with any eea economically active family members.
my appeal is based upon :
cl. has been in uk since 1997.
she was employed paying tax and n.i conts between 1998 - 2001.
she is still married to an eea national who is economically active.

do folk these are good basis for appeal or does anybody have any other ideas.

thatnx as ever to any replies ...

pete

She should have an R2R as the wife of an EEA national who is still exercising a treaty right as long as the divorce has been initiated and until the decree nisi

2006 No. 1003
IMMIGRATION
The Immigration (European Economic Area) Regulations 2006


“Family member who has retained the right of residence”
10.—(1) In these Regulations, “family member who has retained the right of residence” means,
subject to paragraph (8), a person who satisfies the conditions in paragraph (2), (3), (4) or (5).


(4)

(d) either—
(i) prior to the initiation of the proceedings for the termination of the marriage or the
civil partnership the marriage or civil partnership had lasted for at least three years
and the parties to the marriage or civil partnership had resided in the United
Kingdom for at least one year during its duration;