Hello folks

I have a case which is causing me some trouble. My client is a british citizen and his partner is an EEA national (she has only been over here a few weeks). The EEA national has never worked in the UK. My client is working 20 hours per week.

I know that if he was an EEA national there wouldn't be a problem as he would confer his right of residence as a worker to her. However, he is a british citizen, and has not worked outside of the UK, so he is not technically an EEA national as he has not exercised his treaty rights. As such, he cannot have EEA worker status and cannot pass this worker status on to his partner. The conclusion I've come to at the moment is that she therefore does not have a right to reside.

Any thoughts? (other than getting the british chap to do a bit of work abroad so he becomes an EEA national)

Why couldn't she get a job??? Then she would be a worker too, registered if necessary..

She's pregnant. I know if she got a job she would get the worker status and everything would be rosy. Aside from this, it would also be very interesting to find out about whether there is any legal provision for her to have a right to reside as the partner of a british citizen, just as a general question on the whole R2R.