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No right to reside, joint claim and registration certificate
Didn’t really know where to put this but here goes, any thoughts more than welcome.
Italian national (person A) came to UK in 2015, did some cash-in-hand work, but nothing of any note. Since late 2016, has been claiming Carer’s Allowance in respect of unmarried partner.
Unmarried partner (person B) is Portuguese national, who has worked in UK for more than 5 years and thus should have established permanent right to reside. Became unwell and is currently claiming contributory ESA and in support group.
Although person A doesn’t appear on the face of it to have any kind of enduring right to reside, there is nothing to stop person B making claim for income based ESA and Housing Benefit for them as a couple currently as far as we can see.
However, thinking ahead, from June 2018, their area becomes full service Universal Credit. Obviously, if they make ESA/HB claims before then, they’re safe for the moment, but when they migrate across to UC, either through CoC or through transfer, they’ll hit problems due to person A’s on-going lack of right to reside (single person element only and possibly lower housing element?).
Initial thinking was that they consider marriage as simple solution but reading migrants handbook and extended famly members, I’m wondering whether an alternative might be to apply for a registration certificate for person A?
Regulation 16(5) of the Immigration (EEA) Regs 2006 states that:
5) The Secretary of State may issue a registration certificate to an extended family member not falling within regulation 7(3) who is an EEA national on application if—
(a) the relevant EEA national in relation to the extended family member is a qualified person or an EEA national with a permanent right of residence under regulation 15; and
(b)in all the circumstances it appears to the Secretary of State appropriate to issue the registration certificate.
Questions are (1) is it correct that person A can make application for registration certificate based on person B’s permanent right to reside, and (2) would that enable them to avoid problems with claiming UC down the line? Way I’m reading it is that the registration certificate would enable person A to be able to start acquiring residence rights that would over time count towards establishing their own permanent right to reside, and might also help with establising settled status, post- Brexit.
Any/all thoughts very welcome.
you need sensible immigration advice, and given the Home Office’s current track record…. even marriage might not do the trick!