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partner of British Citizen
HI just checking I have exhausted all avenues. We have been asked for advice for a British National who has a German partner. I dont think they are married (but not sure it would really change things if they were). They have a baby aged 10 months (one child). Partner has lived in UK since 15/03/2019. British national spent 3 months in Germany but this was really to get everything sorted for partner to move to Uk and he did not work there, or establish any residence. It hasnt yet been confirmed but I am guessing that baby is likely to be British as born in UK to a British Father. Clt is being paid UC with an element for himself at single rate and child element, but partner isnt on as she doesnt have the right to reside. She has never worked here. In my view, she cant be a family member or extended family member as her partner is British and he hasnt exercised any treaty rights. She may be (depending on nationality of baby) a primary carer of a British Citizen but I guess, they have the option to live in Germany so wouldnt be in a position where child would be unable to stay in Uk or EEA, but even if this were the case, my understanding is that this will not give entitlement to means tested benefits. Is this correct? have I missed anything? thank you
It could be an interesting concept, that due to brexit do her child and partner have the right to live in a EEA country?
has she applied for pre-settled status?
I think you have identified the Surinder Singh issue (returning British national) although the facts don’t sound enormously encouraging. That is going to be the argument to pursue if there is one.
The other aspect is just getting pre-settled status sorted out and hoping that the Supreme Court doesn’t overturn the decision in Fratila
https://cpag.org.uk/welfare-rights/legal-test-cases/current-test-cases/eu-pre-settled-status
It could be an interesting concept, that due to brexit do her child and partner have the right to live in a EEA country?
has she applied for pre-settled status?
that’s defintely good for thought. I think so (but this is my colleagues case and he is on AL). will check it out and dwell on that as an argument. thank you
I think you have identified the Surinder Singh issue (returning British national) although the facts don’t sound enormously encouraging. That is going to be the argument to pursue if there is one.
The other aspect is just getting pre-settled status sorted out and hoping that the Supreme Court doesn’t overturn the decision in Fratila
https://cpag.org.uk/welfare-rights/legal-test-cases/current-test-cases/eu-pre-settled-status
thanks Elliot - will consider that and once I have checked with my colleague on status next week, will follow guidance from CPAG and get a m recon in pending the outcome.