Hello, I'd be grateful for some advice regarding client who has been refused PC.

Client is a Lithuanian national who claimed asylum in the UK with his wife and son (then aged 18yrs) in 1999. Gained right of free movement in UK as of 1/5/04 with Lithuania's accession to the EU. Up to 1/5/04 or thereabouts client was supported by NASS, then his son supported the family for a time, but from 2005 client and his wife have mainly been supported and accommodated by a family friend. Client and his wife have never worked in the UK.

Client has claimed Pension Credit from 22/12/07, but it has been refused on the basis that he has no RTR in the UK as he is not a qualified person. Client's son who is living elsewhere is now on JSA.

As clients are not supported by their son, I don't think I can argue that they have a RTR as they are family members of a qualified person - is this correct?

I've also considered whether I could argue that clients have a permanent RTR, through 5 years residence, but can't see that I can do this either!

Can anyone advise me on any possible grounds for an appeal?

Many thanks.

Cant think directly of grounds for PC appeal, but what about applying for indefinite leave to remain under the normal immigration rules.

I have a client who is a Lithuanian national who was granted ILR and then eventually British citizenship. He has claimed benefits on the basis of his ILR and then British citizenship in the past.

Maybe your client should formally apply for ILR which would then give her permanent RTR

Thanks, will ask our immigration solicitor for some advice.