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A2 national and right of residence ...
I have a cl who is romanian and came to the UK in 2004 as the wife of a British Citizen.
They have no dependant children but she has a 19 year old son.
Because of domestic abuse their marriage came to an end in May of this year and now cl is single.
Cl appears to be receiving DLA but has just been refused ESA on the right to reside test.
My understanding is that cl has been in the UK legally for 5 years without a break of more than 6 months so they can apply for indefinite leave to remain, but that they may also gain the right to reside because their marriage ended because of domestic abuse. Therefore, cl should be eligible for benfits, including ESA, but does she have to apply for indefinite leave to remain before these can be paid, and if so, why is cl receiving DLA ?
Any thoughts and thank you for any replies.
In relation to your clients permenant right of residence I cannot advise confidently however DLA has different rules to ESA and is payable if someone has been in the UK for 26 out of the last 52 weeks and is ‘ordinarily resident’.
Chaos