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UC eligibility issues for EEA national - issue with permanent right to reside

Sue123
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EEA Family Support, Children's Centre Calderdale

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Joined: 16 February 2015

Hi
A client has come to see me for help with her claim for UC and I need some advice please.
The client is EEA national. Has been in the country for 10 years. She went to primary and secondary school in the UK. While attending primary and secondary school she was a dependant of a parent who worked. What does she need to prove she has permanent right to reside?

Thank you

Elliot Kent
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Shelter

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To show a permanent right to reside, you normally need to show that you have been living in the UK in accordance with EU residency rules for a period of five years. Reg 15 of the Immigration (European Economic Area) Regulations 2016 - http://www.eearegulations.co.uk/Regs2016.

We know that a “worker” has a right to reside and we know that a worker’s child under the age of 21 also has a right to reside. Regs 6, 7 and 14. Each counts towards the five years required.

So the most straightforward way to do it would be to prove that one of the parents was working continuously for at least 5 years before your client reached the age of 21. This might be done by providing their P60s for the years in question or some similar evidence. If they are an A8, A2 or Croatian national, you might also need to produce their worker registration documents.

Of course, life is not always that straightforward. It might be that there were gaps in the work history, or that the client has lost contact with the parents, or that the parent has lost their documents. But there are still often things which can be done. If there are gaps in the work history, they can often be filled by reference to why the last work had ended and whether benefit was claimed in the interim. If the parents have lost their work history but are still agreeable, they can request their national insurance records. If the parents are not agreeable, then if you can provide enough information about them, the DWP should (but probably won’t) investigate under Kerr.

Also, do not be remotely surprised if your client provides comprehensive evidence of their parents work but the DWP refuse the claim anyway.

TP45
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Housing Benefit & Hostel Income Advisor - The Salvation Army, London

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If the claimant has been living in the UK for over 5 years then they should be eligible for settled status under the EU Settlement Scheme.  This would give indefinite leave to remain and full access to welfare benefits.  It may not be a quick fix in applying and getting settled status, but it would be a long-term solution.

Sue123
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EEA Family Support, Children's Centre Calderdale

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Thank you. I am going to ask the person to provide evidence of parents employment which the client says can be done. I was not sure if the right to reside would be lost if the client was over 21 years old or if it would continue but I assume it should continue as the client has been in the UK for the whole time. Thank you.

ClairemHodgson
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Solicitor, SC Law, Harrow

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also, i would suggest, the schools will have records of her attendance throughout the relevant years…...