Thu 19-Jun-08 04:32 PM by mircam

I cannot get my head round this, I've been leafing through the CPAG book all afternoon...so..

My Polish client has just had a baby (mother and daughter doing well). She arrived in the UK in 2006 and has never worked (at least not legitimately). She's been excluded from IS on right to remain grounds which I understand is legit.

CB and CTC require presence and residence and right to remain but unlike IS, CB and CTC right to remain is contained within the presence test.

Am I right in thinking, therfore, that she can claim CB and CTC?

Thanks for your help

Dan

Not my strong point, but i would say that your client can't get CTC/CB. The right to reside test applies in the same way as it does for IS.

See reg 23(4) CB(Gen)regs and reg 3 TC (residence) regs.