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Family member EU Residence
| Poll: Does she qualify for UC/Child Benefit? Total Votes: 2 |
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|---|---|
| yes | 1  |
| no | 1 |
I have a customer who is a Ghanaian national, whose permit shows Family Member-EU Residence (father is Ghanaian but also holds an Italian passport) which is due to expire in Jan ‘21. She was working up until May when she had a baby.
Does she now have entitlement to UC/Child Benefit? I thought yes as as her visa states EU right to reside? However she is 25 which makes me think she doesn’t class as a family member of an EEA national? Thanks
Katie,
More information required. She was working then had a baby. Is she in receipt of SMP or Maternity Allowance? If so, she has maintained her worker status if her work is accepted as genuine and effective. If not, does her EEA parent live and work in the UK, or has he worked for five years in the UK therefore gained permanent residence?
She can apply for EUSS or pre-settled status. Settled status if she has been living in the UK for five years. Pre-settled if less.
Jim
I agree that there is not enough info to say for sure.
EU law recognises “family members” but also “extended family members”. As you appear to have identified, a person’s child is normally only treated as a family member until the age of 21 unless they continue to be a dependent, however they could still be an extended family member under one of the headings.
The significance of being an extended family member is that your status is dependent on securing the relevant documents from the Home Office, but as a third country national your client would have needed to do that anyway to enter the UK.
The best guess in your clients case is that she was accepted as being an extended family member of her father on the basis that she had been a member of his household in Italy and proposed to continue to be a member of his household in the UK. Provided that she remains within this definition and her father continues to be either a qualified person (worker etc) or has attained permanent residence, then she would have a right to reside for the purposes of UC. Alternatively if she has attained permanent residence (and/or settled status) herself, then she no longer needs to meet those requirements.
Her own working history is not very important for these purposes.