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Forum Home  →  Discussion  →  Residence issues  →  Thread

22 year old student, Gaal and Gubeladze

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Trying to recommend that a Council allows HB claim with a clear conscience.  Summary of facts:

- Claimant is Polish woman now 22, came to UK about 10 years ago with her mother
- Her mother has worked pretty much continuously, but does not appear to have registered on the A8 scheme.  Therefore work only legal from 1/5/11 or 1/5/09, depending which way Gubeladze goes.
- Claimant had relationship with British man and they have a pre-school child
- Claimant’s 21st birthday was in October 2015.  This leaves her six months short of a permanent right of residence by the most straightforward route ... but obviously that will change if Gubeladze confirms no requirement to register from 2009
- Exploring possibility that she remained dependent on her mother after October 2015, but not too hopeful about that: I think she had moved out and was living with working British partner
- Claimant has worked - a bit - most recently from November 2014 to January 2015.  Then started maternity break - child born midway through 2015, maternity pay ran out October 15.  Relying on St Prix, the “reasonable maternity break” would see her through to about Jan/Feb-ish of 2016.  Still tantalisingly short of five years’ legal residence
- No HB claim while she was with British partner.  We think the couple were supported by his earnings until March 2017.
- Claimant started four-year degree course Autumn 2016
- Split up with British partner in March 2017, now surviving on student finance and has claimed HB.  As a lone parent she is eligible in principle for HB, but struggling to see R2R (even if student finance is sufficient resources, no comp sickness insurance)

So I am looking at the Gaal case.  Student already 21 who had been a member of a worker’s family while he was growing up.  ECJ said his right to education on same conditions as host state national did not end at 21 ... but he was continuing in education.  Just wondering if that would stretch to a person who enters education afresh, having left education for a few years in between?  Can she still rely on having once belonged to a worker’s family and having become very settled and integrated in UK in the meantime?

chacha
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Benefits dept - Hertsmere Borough Council

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HB Anorak - 14 September 2017 02:21 PM

Just wondering if that would stretch to a person who enters education afresh, having left education for a few years in between?  Can she still rely on having once belonged to a worker’s family and having become very settled and integrated in UK in the meantime?

Very difficult, mainly because of the length in the break in education and it’s afresh not a continuation, can’t really see it…. but I would be looking at the dependency on mum, seems maybe a better bet?