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R2R for an EU national with a state Pension
Hi my knowledge is pretty limited when it comes to this type of law but I was hoping someone will be able to point me in the right direction.
I have a couple who has returned to the UK from Italy after nearly 10 years. He is receiving a SP from the UK and an pension from Italy too. We put a claim for PC and HB/CTB. All refused as it has been said he has no R2R therefore is not HR.
I read somewhere that he has lost his permanent residence right in the UK as he has been abroad for more than 2 consecutive years. I suspect he will not be entitled as he has not got any family here but is married to a UK citizen. I have advised that the wife claims Jobseekers and then HB as she will have the right to reside. She is only 55 and cannot claim PC yet. I think she may have to wait 3 months due to the law changing for HRT.
However I am trying advise to the best of my knowledge but the couple are extremely worried and are now planning to go back to Italy. Can anyone advise me what is best for this couple?
thanks
Do you know what the wife did in Italy eg did she work, or was she self employed?
Does he have a home here? Any Family Connection here? If so, look at
EEA Immigation Regs 2006 7,8 and 15A
You mentioned he had SP from UK. A possible alternative route, outside the benefit system, would be if he qualified for British Citizenship under immigration law