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EU national care leaver
Just wanted to check that I am on the right track with this:
Have been asked for advice on the housing benefit entitlement of a 20 year old EU national orginally from France. She came to UK as a young child but was removed from her family aged 5 years and was in LA care until age 18 years, she then moved into supported accommodation. She was evicted from this and has recently become a lodger, the query was in relation to her HB entitlement as an EU national.
My thoughs were to consider firstly whether there is a permanent right to reside - it would be difficult for her to have established a permanent right to reside herself as she has little or no work history nor has she been work seeking for very long, has not been self sufficient etc, she is likely to also have difficulty getting details of her family members to establish whether she is the child of a EU worker etc unless she retained some contact with close family during her time in care.
If she cannot evidence a permanent right to reside, and does not have a right to reside as a family member of an EU worker etc, then as far as I can see she could only get housing benefit if she is doing genuine and effective work or she has a work history and has retained worker status as involuntarity unemployed or temporarily sick. I havent been provided details yet of any work nor whether she is still claiming JSA so my advice was very general to her caseworker around EU national benefit entitlement.
Has anyone had any experience of advising an EU care leaver in relation to establishing a right to reside and could offer any further advice in this instance?
She could apply for discretionary leave to remain in the UK. EU nationals don’t normally need this but there is no legal reason why they cannot have it - for example trafficked and exploited workers can be offered discretionary leave if they cooperate with prosecution of the gangs responsible. No guarantee that she will get it but worth a shot. See this thread for an example of EU national granted DLR:
To my way of thinking, she should be referred back to her Social Care/Pathways worker as a care leaver, as she is still under 21. She also needs indepedent legal advice re her immigration status.
I had a client in very similar situation when I was at MWLC previously.
See Right to reside for foster child and IS appeal
If I recall correctly, her appeal was disallowed at FtT around the time I was leaving the Centre, so I don’t know whether any subsequent challenge was mounted to the UT, but we certainly found it difficult to construct a robust argument to establish a right to reside.
Thank you all for your responses.