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Hi,
I have had an enquiry that is out of my depth - help please!
Couple with Dutch passports came here 4 yrs ago, husband has worked in the UK - 1yr, wife claimed IS while husband was out of country(length of time unknown but only matter of weeks) as lone parent in 06 but has been refused on a more recent claimbased on incapacity, decision - 1/2/09. Refused as a person from abroad without right to reside.
Wife is poorly and husband is looking after her and 7 children.
He has completed DLA for her and obviously not considered yet as carer until decision comes back and see what award comes back.
He claimed HB/CTB whilst working (worked for a year and then signed on) but isnt working or signing on now.
Have advised easiest way to gain right to reside is for him to sign on or work but he has to many other responsibilities to make this a sensible option.
Have also said HB/CTB may be at risk now habitual resdency test failed but there are 7 children involved.
Can we realistically use any of the treaty rights to appeal with?
Ta
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