“Ibrahim/Teixeira” primary carers; do they have to be or have been workers?

I have now had 3 different responses from UC DMs, and one from Local Authority, stating that primary carers would have to be or have been workers in UK to earn their derivative right…

Not correct, right?

The Immigration (European Economic Area) Regulations 2016, PART 2, Regulation 16 (3)) use term “any parent”

And Ms Ibrahim herself was not a worker.

Can I confirm this with you guys?

Ta!

For the child to be exercising the Article 10 right, one (or both) of the child’s parent’s must have been an EEA worker at a time when they were each established in the UK.

If the child has that right, then their primary carer has a right to reside if their presence is necessary for the child’s right to be effective.

It is perfectly possible for parent A to have been the EEA worker and then parent B to be the primary carer down the road - and as you say, that was the position in Ibrahim and (iirc) Baumbast too.

Thank you Elliot