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Forum Home  →  Discussion  →  Residence issues  →  Thread

RIght to reside with special guardianship

Rebecca Lough
forum member

Welfare rights - Greenwich Council

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Total Posts: 222

Joined: 23 November 2018

Hi all,

I’ve got a client who is an EU national who’s been here for many years.

She thinks she worked from 2008-2011. In 2011, she took a relative’s child under special guardianship order and claimed IS at the time. This continued and she received more children under the same arrangement in 2012 and 2014 and her IS continued. The children are all british. She worked for 6 months continuously last year, then claimed JSA. She got another child under special guardianship this year. She claimed income support, which ended her JSA.

She then claimed UC, which has ended her TCs.

I can see no exception to right to reside that involve fostering etc arrangements and so I am struggling to see how she currently retains a valid right to reside unless she can demonstrate that she’s registered as a jobseeker with the little one.

Any thoughts gratefully received.

Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 539

Joined: 20 September 2018

From what you’ve said, it sounds like you’re correct.

Has she considered applying for settled status? It’s going to be free from next week, and apparently they’re going to start automatically refunding those who have paid the current fee.

Obviously you can’t advise her (unless you are OISC level 1) but you could advise her to go to Citizens Advice and ask them to advise her on settled status.