HRT

Hello, MY client is not an EEA national but living in UK as a family member of an EEA national. She is from nigeria and her mother has Italian nationality who has been living in the UK since 2007. Client has been living in the UK since 2010, she is 30 years old, suffering from MH problem.
Client failed HRT and her ESA(IR) stoppped. She has been told by DWP that she was given ESA in the first place by mistake.

Is she able to derive a right of permanent residence from her parent as her mother has worked for a continious period of 5 years?
Thank you :)

She can’t have a right to reside as permanent resident under Article 16(2) of EC Directive 2004/38 or regulation 15(1)(b) of the 2006 Immigration Regulations as she has to have been living with a person who has a permanent right to reside under Article 16(1) or regulation 15(1)(a) for 5 years.  However, she can have a right to reside under Article 2/Regulation 7 as a dependant family member of someone who has a right to reside.

Thanks nevip, she is not living with her mother anymore and she never worked in the UK, would Regulation 7 still apply?

You don’t have to be living with someone to be dependant for the purpose of the Directive as long as they are supporting you in some material way.

See EEA Immigration Regs 2006 7,8 15A I think it is 7 & 8 WHICH have relevance to you as NEVIP sets out so clearly

Thank you Nevip and Bryan 😊