dependent family member?
I have been working on and off for the last few years for a family from Czech Republic who have been in Uk since 2006. I have helped with benefit claims for some of the family, but im a bit stuck with their son. Father works and is self employed. He did obtain permanent right to reside around April 2019, as there were gaps in work prior to this. He now has settled status. Wife has never worked. My client is aged 27, and has a broken work history. He has been given pre settled status (not sure why, and this is clearly wrong as he has lived here 5 yrs +) he cant claim UC as a jobseeker. He tells me that he last worked for an agency Jan 2020, and though he told me he worked for 3 years for same agency (variable hours) DWP have said that they can only find record of work/NI september 2019 and client has not yet given me any proof of work. He tells me that the agency said they had no more work, and he thus registered with another agency in Feb 2020 but got no work. He did not claim UC till 2/04/2020 and the claim was refused.
I have argued retained worker status, but at present, im not even sure he was in genuine and effective work, and DWP say he wasnt - therefore unable to retain status. There is also the issue of the gap between work ending, and him being registered for work seeking. I have argued good reason for gap (expectation of work from new agency, and then CV19 preventing him from acquiring work) but need to get some evidence of work to be sure that he was in G&E work.
I have considered PRTR but as clt was already over the age of 21 before his Father started his 5 years for permanent right, im not sure this would succeed? im not sure on this point. (If clt was already working and independent at the point Father gained PRTR; and was already over 21 when Father started his qualifying status?) so this leaves me with dependency now? Clt is homeless and sleeping at Parents sometimes and sometimes at sisters house. he has no money and Family is supporting him with food and help with money for bus etc. I know dependency has to be material, and not necessarily financial, but is there anything to say, it has to more than financial? and can dependency occur after a period of being independent? for example when losing a job? there are other family members that get benefits via dependency route, but they have disabilities and have never worked, and receive care and support because of their health. (sorry for waffle, hope this makes sense) (we have already tried new style JSA and not enough NIC’s)
If getting evidence of work history is difficult, one thing I’ve had great success with recently is getting clients to access their Personal Tax Account online which provides full PAYE data from recent years (my PAYE data on the site goes back around 7 years I think). As long as clients are comfortable using the technology & can provide the necessary information to confirm their identity I’ve found this to be a really quick way of getting detailed information to inform a coherent argument.
As you mention ESA, could any of the gaps in employment be described as a temporary absence due to illness/disability?
Definitely worth referring him for immigration advice regarding the EUSS decision as well.
great idea - thank you; will ask him to check that. thank you. re ESA - typo, should be JSA (will change now) no illnesses or disabilities for ESA so no success with that argument im afraid.
As I understand it, your client has been resident in UK since 2006 is an EEA national and has pre-settled status. I can’t see any reason why, on application, he would not obtain settled status. Regarding showing dependency; being provided with accommodation, food and I guess clothing would constitute ‘basic necessities’ so he is clearly dependent. I would look at obtaining settled status as well as an MR on the grounds of dependency.