right to reside as a family member when the family member has died

client has been in the UK for 3 years and he is a family member (child uner 21 in FTE) of an EEA National who was working and had been for several years until he (the father) passed away in 2017.

does anyone know how this will impact on the client as he is still in full time non advanced education and has no income.  The UC claim has been disallowed as they state he does not have the right to reside

We haven’t got this years CPAG Handbook but in last years book this is at p1564. You retain your right to reside as a family member of a qualified person if they die and you are the child of the qualified person and in education immediately before the death and you remain in education.

It is Reg 10(3) of the Immigration (EEA) Regs 2016

See page 1581 in this year’s CPAG book.

I agree with Sam that your client can retain a right to reside under EEA Regs while he is in education. (Provided father met conditions to be a worker, genuine and effective work etc.) Once he leaves education though, he will lose the right under EEA Regs.

Your client can still rely on EU Directive 2004/38 (for now at least). Assuming the client is an EEA national, he can retain the right to reside indefinitely as the family member of an EEA national worker. If the client is not an EEA national, he can still retain this right as he lived in the UK with the family member for at least 1 year before the death.

p1587, top bullet point - looks like may have a permanent right to reside as the family member of someone who died while a worker.

Thank you for your responses I will be challenging the decision with UC