Polish national failed right to reside test for IS - help please!

Hi,

I have an IS appeal for a polish national who was refused IS as a lone parent as she does not have right to reside in the UK. 

She came to the UK on 5/10/2010, started work with an agency on 14/10/2010, application for WRS was made on 18/2/2011 and granted on 22/02/2011.  She worked for the same agency until 19/08/2011 when she went on maternity leave.  She was paid SMP until 29/06/2012 and this is when her employment ended with the agency. 

As she was employed for over 12 months (even though some of that was maternity leave) should she not meet the right to reside test?

Any help appreciated!

Thanks

alex paul - 12 March 2013 12:07 PM

As she was employed for over 12 months (even though some of that was maternity leave) should she not meet the right to reside test?

Sorry, can’t see how she can have R2R for Income Support, have you tried JSA or ESA? JSA I’m ure she should quaify for but ESA, based on what you have posted, I doubt.