Teixeira and JSA claimant

Afternoon

My client arrived in UK in Feb 2010 from Portugal. She’s never worked in UK but has received JSA. She claimed IS as a carer in 2011 whilst claiming JSA (market conditions clashed with her caring responsibilities for her learning disabled son).

Am I right in thinking the Teixeira judgement won’t afford her the status of right to residence becuase she wasn’t working when her children were put in school (although she was signing on for JSA)?

Thanks for your help

Dan

You could try a recent European Court case Case C-34/0 Ruiz Zambrano v Office national de l’emploi.  No sure if it will help as I haven’t had teh chance to digest it fully yet.  But it may be a starting point.

Teixeira cannot assist anyone who has never worked in the UK.

CHC - 09 May 2011 02:14 PM

My client arrived in UK in Feb 2010 from Portugal. She’s never worked in UK but has received JSA. She claimed IS as a carer in 2011 whilst claiming JSA (market conditions clashed with her caring responsibilities for her learning disabled son).

On what basis, for right to reside purposes, was I.S and JSA awarded?

On what basis, for right to reside purposes, was I.S and JSA awarded?[/quote]

ISwasrefused on R2R grounds yesterday; client has been receiving JSA intermittently over the last year, I’m unsure of the R2R basis for JSA award, she was awarded JSA 4-6 weeks after arriving in the UK and was put on an English language course by the JC+.

Thanks for your help

Sorry I thought you had said she came to the UK in Feb 2011 so couldn’t understand how she could have received I.S or JSA inside three months. Well, can’t see how she can have R2R, if she has never worked, is not working, is not available for work and not self sufficient.