Hi Guys, hoping for some good advice on this one.

I've a client born in Brazil but her on Italian passport/ I.D card, came to UK Oct 26 2006 with her Brazilian husband. He was granted 6 months stay which has now ended, he is waiting for a request to extend to be processed. Both passports are with Home Office. Both worked for an agency since arriving.

Husband has a letter from Home Office saying her can remain working pending the result of his request, as a family member of an EEA worker. However agency are refusing him work saying passport needs to be shown....already advised on this part.

My problem is that my client is pregnant, her baby is due 1st week in September 07 and the agency had told her they won't employ her anymore and will not pay SMP. Advised to challenge this but she doesn't want to. Discussed Mat All and has fulfilled criteria so told her to claim. She has already claimed Housing Benefit and is waiting to hear. I am worried she won't pass the R2R test as i'm not sure she retains worker status. I've checked CPAG page 1400 re pregnancy and the residency directive of EU law where she can still claim to be a worker for a short period but there seems to be no caselaw on this re MA at present. She can't claim JSA as not available for work, he can't i presume as he is here as a family member....or can he??

Any help would be fantastic.
Thanks
Lisa

As an EEA national's family member he does have the right to work, providing she herself is still a qualified person; but proving it might be difficult since I presume there isn't any sort of family residence permit.

Yes i agree. There is no family residence permit to my knowledge. I think the best thing is for her to pursue SMP route, at least then she should be able to prove her status as a worker as her job will still be there for after baby born and this should give her the R2R for HB purposes.

Watch this space, I'll update with any news. These EEA and A8 ones are extremely complex, each one I get seems to be different to the last. Here's hoping they get easier the more we do!!