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Top Income Support & Jobseeker's Allowance topic #7636

Subject: "Family member of British citizen" First topic | Last topic
Liam M
                              

Welfare Rights Adviser, Bristol City Council
Member since
05th Oct 2005

Family member of British citizen
Tue 22-Dec-09 09:59 AM

Wonder if anybody could help to confirm that I've got this right:

Details a bit sketchy as came in on our helpline, but got call from a support worker for an organisation helping women fleeing DV.

C is a Polish national (not sure when she came yet but likely post 2004), never worked in UK, has 2 children pre-school age who she gets CB for.

She is married to a British citizen who she wants to leave. Request for advice for poss ben entiltment?

My thoughts are that (as suggested in previous posts) she won't be able to rely on the rigths of spouses of EEA nationals to gain rights of residence, because that's about the migration of workers within the EU.

So, we'd be looking at her own status (as children pre-school won't be able to use any Baumbast argument); therefore likely registered work for R2R purposes (if she's come here post A8).

Any suggestions?

Liam

  

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Replies to this topic

nick nicolson
                              

homelessness officer, southampton city council
Member since
11th Mar 2008

RE: Family member of British citizen
Tue 29-Dec-09 11:55 AM

Did her UK husband ever work in Europe ? .... if so, then he has EU worker status and she can claim.

If not she needs a part time registerd job

  

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Top Income Support & Jobseeker's Allowance topic #7636First topic | Last topic