EUSS & Extended Family Member

Seeking any opinion/guidance.

Our client is extended family member of EEA national who came to UK on EEA family permit and now has PSS, PSS granted on 08/03/23

When the client claimed UC with wife, in March 2023, they had help of relative due to language barrier who used their own address instead of the clients address by mistake.  Cl alerted UC to the mistake immediately, but it was not changed. Decision was subsequently made on 25/04/23 that they had failed HRT on basis that they were not part of the same household (or dependent) on their EEA sponsor.

The sponsor has PSS and has also applied for UC and has been refused on RTR grounds, as accepts PSS but not qualified RTR.

As I understand it this means that as the sponsor has no qualified RTR our client is not able to have a RTR either?

One possible positive, and this is what would like an opinion on is the sponsor has a child in education, so can she argue that using her PSS and that right from the EEA Regs that she derives a right from the child, and if so, would that then allow my client to have a RTR from the sponsor? 

Thanks in advance.

As you identify, being a family member of an EEA national does no good unless the person you are claiming to be a family member of themselves have a relevant status as either a qualified person or a permanent resident.

So called ‘derivative rights’ including as the primary carer of a child in education are not sufficient for these purposes, so establishing a derivate right for the sponsor would not do the other claimant any good.

Elliot,

Thanks for the rapid reply.

Guess it makes sense, but always worth checking as it is melts my brain.

Thanks again.