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R2R - A8 divorced from a british national
Have been asked for advice on a client who came from an A8 country and who is currently appealing decision not to award ESA as failed R2R test. Client came to UK in 1999, she has worked, been a carer and claimed JSA since she has been here, after 2004 she registered under the worker registration scheme however never completed the 12 months. There are gaps in her NINO contribution records. She was married to a British Citizen from 2003 - 2007 but they are now divorced.
Having read CPAG page 1450 it looks as though she could retain a R2R as was married to an EEA national/British Citizen for at least 3 years even though they are now divorced. However does she still have to satisfy being a ‘worker’ (therefore only temporarly sick) unless she was able to show she had a legal residence for at least 5 years at which point she becomes a permanent resident? When does the 5 year period start from?
I would be really grateful for a response to this as Im worried about not giving the correct advice.
Have been asked for advice on a client who came from an A8 country and who is currently appealing decision not to award ESA as failed R2R test. Client came to UK in 1999, she has worked, been a carer and claimed JSA since she has been here, after 2004 she registered under the worker registration scheme however never completed the 12 months. There are gaps in her NINO contribution records. She was married to a British Citizen from 2003 - 2007 but they are now divorced.
Having read CPAG page 1450 it looks as though she could retain a R2R as was married to an EEA national/British Citizen for at least 3 years even though they are now divorced. However does she still have to satisfy being a ‘worker’ (therefore only temporarly sick) unless she was able to show she had a legal residence for at least 5 years at which point she becomes a permanent resident? When does the 5 year period start from?
I would be really grateful for a response to this as Im worried about not giving the correct advice.
The five year period must be continuous, and starts from the day upon which she was first legally in the country. Since she entered in 1999 before A8 regulations came into force in 2004, she should be exempt from the worker registration requirement. If they have any children in education in the UK, you are home and dry following Ibrahim and Texeira anyway.
I believe she ought to have entered the UK on a spouse’s visa, which expires after 2 years, and should have been replaced by indefinite leave to remain, which should give her full access to the UK benefits system. You should try to get a copy of her passport/visa and ascertain her current immigration status.