Right to reside for a for Swiss National

Client is a lone parent, separated but not divorced from Swiss National husband who has moved to Jamaica, they lived together in the UK for one year and during this period he worked.

Child is 3 and at Nursery only so cannot benefit from child in education/primary carer retaining R2R rules as far as I understand. Client has never worked and since husband left has received CTC and CB only, although appears to have been receiving HB/CTB continuously until December 2010 when it stopped because she didn’t return documents, due to being sectioned during a psychotic episode and has ongoing MH problems (new HB/CTB claim now made, backdate requested).

IS recently refused due to no R2R,. Trying to work out if any grounds to appeal. With reference to any retained right of residence from Husband I have noticed CPAG. 1450 retained right of residence if ‘EEA National has left the UK and you are also an EEA National’.

Have I interpreted this one correctly in relation to my client’s circumstances? Seems to good to be true. If not and her only option is JSA then I think there would be difficulty meeting the workseeking conditions in respect of her MH problems.

Thanks in advance.

What is her own nationality - you imply also EEA?

Sorry, yes she is also a Swiss National.

As I see it, she meets Regulation 10 of the Immigration (EEA) Regulations 2006.

Paragraph 3 (a) (ii)  Her child is the direct descendant of a a person who ceased to be a qualified person on ceasing to reside in teh United Kingdom

Paragraph (4) She is the person with the actual custody of the child who satisfies the condition in Paragraph 3

So she would retain the right of residence.

Thanks for the comments, appeal has been submitted. She has claimed JSA but yet to hear if this claim has been sucessful, and if so whether she will be able to continue to meet the JSA requirements due to her MH problems.