right to reside, EU widow

widow, claimed income support, never worked in uk, lived here since 2011, husband worked in UK, died in UK, client claimed iS as she has new child from new relationship, now single though iS refused , no right to reside, any suggestions please

On the face of it, you might be describing a situation in which your client meets reg 15(1)(e) of the Immigration (EEA) Regulations 2016 - i.e. permanent residence granted to a worker’s family members on the worker’s death. But you are going to need a lot more information…

thanks, what info please

EEA Reg 15(1)
(e) a person who was the family member of a worker or self-employed person where—
.
(i) the worker or self-employed person has died;
.
(ii) the family member resided with the worker or self-employed person immediately before the death; and

.(iii)the worker or self-employed person had resided continuously in the United Kingdom for at least two years immediately before dying or the death was the result of an accident at work or an occupational disease.

Could also retain right to reside under reg 10, if any of the conditions fit?

See EEA regs here http://www.legislation.gov.uk/uksi/2016/1052

So depends on timelines, work history of the EEA that passed away and/or if he had a permanent right to reside before passing away.

thanks chacha, looks interesting,I will get her back sa mor einfo needed. any other suggestions welcome