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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

RTR query - dependence

SamW
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Lambeth Every Pound Counts

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Client is Dutch national, came to the UK in Summer 2009. Has done one day’s work since arriving. Was living with family members who were supporting him (no health insurance) until beginning of 2010 when he claimed JSA. Has been on JSA since although has had gaps when he has attempted to claim ESA but turned down on RTR grounds. Client has no children and is unmarried. In November he moved out into his own room in a shared house. He receives DLA LRC - his sister sometimes cooks for him and needs support with paperwork etc due to cognitive impairment. He apparently has other siblings who work and who have RTR.

I think client is stuck and is going to have to stay on JSA? The only way I can think of for him to argue that he is dependent on one of his siblings with RTR, but will the help he receives be enough to constitute dependency? Furthermore to go down this route my understanding is that he will need a registration certificate - how do you go about obtaining one of these?

Thanks in advance for any advice.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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You can apply online.

Think you’re right about the dependancy but advice as to whether they might meet the criteria for indefinite leave to remain as a family member under the immigration rules would be wise.

https://www.gov.uk/family-permit

[ Edited: 7 Mar 2014 at 09:13 am by Dan_Manville ]
SamW
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Can you still request ILTR even if you are an EEA national?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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SamW - 07 March 2014 10:23 AM

Can you still request ILTR even if you are an EEA national?

Yes but to establish R2R as an extended family member you don’t need to (although UTJ Rowland has suggested it’s a good idea) however you need to show that you would satisfy the criteria.

see reg 8(4)