Derivative Right to Reside where “worker” of child of EEA National only worked for a day

Afternoon all,

I am working with Portuguese Passport Holder who has 2 children in education.

She has been refused UC has she does not have a right to reside. She had claimed JSA for 3+months but claim was stopped as she was judged not to have a Genuine Prospect of Work.

I do not believe she has Permanent Right to Reside and she does not appear to have a right to reside through any other means (Family member, retained worker etc.).

The only way I think she may have a right to reside is through her children:

She worked one day and was paid £28 for it back in December. During this time, both children were in education.

Is this enough “work” for her to have a Derivative Right to Reside? She has not done any other work during a period where either of her children were in education.

She was technically the primary carer of the child of an EEA National worker whilst the child was in education, however the “worker” (i.e. my tenant) only worked for one day.

Hope someone can help!

Many thanks,

P.S. I am also looking in to whether the father (also Portuguese national) of one of her children has worked since either of them were in education. If he has, does that also gets us home as my tenant is the primary carer of one of his children during a period he was working and they were at school?

Can I ask, do you know why the employment ceased, when was the UC claim made and what was she doing in-between?

DDP - 09 March 2017 12:43 PM

P.S. I am also looking in to whether the father (also Portuguese national) of one of her children has worked since either of them were in education. If he has, does that also gets us home as my tenant is the primary carer of one of his children during a period he was working and they were at school?

Yes, this may help, so I would urge you to seriously pursue this avenue, it may be the way.

The employment ceased because she couldn’t afford to get to work or pay for childcare (because she had no other income!).

UC claim was made in Nov 2016 (about some time job stopped, was wondering if there was mileage in saying UC claim should have been accepted as tenant was a worker at the time, however would that only get us UC until the date the tenant stopped working?)

Before that she claimed JSA (claim ended in May 2016 I believe because she did not have GPOW)

In between JSA and UC she’s been living off Child Benefit, Food Banks and friends basically.

Lets hope the father has done some work in the past!

Thanks for your response.