ESA insistence on client providing a current passport ref R2R

Hi all- client is a Dutch national, arrived in UK aged 18 and worked for 15 years in genuine and effective employment, then became ill and in receipt of CBESA - this ended after 365 days and he claimed IRESA

Client has clear proof of his work history to show IRESA he has a perm R2R. ESA asked he provide them with his passport - this however is out of date so despite the proof of his employment evidence as above they are insisting he needs to supply them with a current passport otherwise he will “fail the R2R” test

I do not see the evidential relevance of a current passport for R2R purposes (and client cannot afford cost of this anyway) - anyone come across this before?

Only the right of entrance to the UK requires a valid passport (or valid identity card) (article 4 Directive 2004/38). The ongoing right of residence that may then arise is subject only to the conditions in article 7 (worker etc) or after 5 years no conditions at all- article 16. There is no requirement to have a valid identity card to prove a right to reside therefore.

However, the DWP could reasonably in some cases not be sure someone was an EEA citizen or that they were who they said they were without evidence- but if client can offer reasonable other evidence of his identity (including out of date passport in my view) then that will be fine.

Practically, client might be prepared to just get a document as argument could drag on. If client has £41.50 he can get an emergency document from the Netherlands embassy- https://www.netherlandsworldwide.nl/living-working/consular-fees/united-kingdom He might even then want to seek financial redress for maladministration (along lines of “I was told I needed this, I forked out money for it as I was desperate for benefits, turns out I didn’t need it but it would have taken too long for me to demonstrate that by way of appeal”)- if planning to do that then first ask the DWP to decide on basis does not need card for above reasons. If they don’t sort within a week then maybe fork out the cash?

many thanks Martin