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Family member as sister? 

 

davidsmithp1000
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Brighton Unemployed Centre Families Project

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Hi, another RTR;

Client has 1 year old, client is Spanish, and looking for RTR. Lives with sister, Spanish who is a worker. 

Question is simply, can the sister who is a worker, grant RTR, as a family member?

Income support and RTR comes up a lot, but client looking to claim IS. She has been in the country 9 months and has not worked

Have only met client briefly and still need more detail

Thanks

     
Paul_Treloar_AgeUK
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Information and Advice Resources, Age UK

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It could be a stretch to be honest.

An extended family member can be someone who does not meet the definition of direct ‘family member (which she doesn’t) and is an ‘other family member’, who was a dependant or member of the household of the EEA national prior to the EEA national coming to the UK. She would also need to demonstrate an on-going dependency in the UK.

     
past caring
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Welfare Rights Adviser Southwark Law Centre Peckham

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In addition to what Paul says, your client would need an EEA family permit. She would need to apply to the Home Office for this. There will be no right to reside until the EEA family permit is issued - and then, only from that point.