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Hi,
Another Right to Reside case...
I have a 60 year old client who is originally from Colombia, but now holds a Spanish Passport after residing there for over 10 years.
She claims to have always worked while living in Spanish but moved to the UK in December 2005 to live with her daughter who is a British national. While living in the UK she has been looking after her grand daughter who is Autistic and she is in receipt of Carer's Allowance.
Her daugher (only child) with whom she lives works full time but is not known to have worked in another EEA country.
Client has applied for Pension Credit and has failed the right to reside test. So I wonder whether she stand any chance of outdoing the Right to Reside test as it seems that she could not argue that she was the family member of an EEA national exercising treaty Right in the UK.
Your comments is welcomed.
francis
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