Romanian national.

I have a cl who came to uk in 11/04 after marrying a British Citizen in Romania.
They were employed by their husband between 08/09 - 03/10.
On 23/05/10 cl left husband because it was an abusive relationship and they were referred to local mental health services.
Cl has a dependant 19 year old son, also Romanian, who is in full-time education.
Cl has successfully claimed CB, CTC, HB / CTB, and DLA for herself, but has been refused IRESA.
My questions are :

Should cl be receiving the above benefits.

Has cl gained the right of permant residency because they have lived lawfully in the UK for more than 5 years, and this would be the same for her son.

If cl and her son have gained permanent right of residency because of this would it be beneficial for them to apply for Indefinite Leave to Remain or British Citizenship, or do they obtain the same rights as UK nationals without doing so.

Can we successfully appeal IRESA decision on basis cl is temporarily too ill to work because of mental health issues or do they have to be economically active and claim JSA

Sorry about all these posts but I haven’t had many right to reside queries lately and I’m still reading up on the Regs etc.
Thank you once again for any thoughts on this.

Hi,

I am dealing with a similar problem- look up the following;

http://www.bailii.org/eu/cases/EUECJ/2010/C16209.html

this is a case from 7/10/10 which clearly states that the UK interpretation of the 38/2004 directive is incorrect, and that per para 40 right of permanent residence acquired before 30/4/2006 (which enacted the 38/2004 directive) must be taken into account. Since this is very new law it probably hasn’t reached anywhere important yet!
Hope this helps.

Lid26

I take it also that your client has not divorced her husband, in which case does she have a conferred right to reside - through the husband - for benefit purposes?

Very useful and thank you.
Have a good weekend.