A8 National & IS

A8 national, Completed 12 months WRS & has been (legally) resident in UK over 5 years. Was on JSA ib. Advised her to apply for IS (claims CA for disabled Mother)
IS apparently refused on Hab Res!
What am I missing?

Their idiocy!

Hopefully it’s that!
I went off the recent changes to A8’s from May 2011. Client was on JSA whist claiming CA (needed to do this to exercise her treaty rights)
However, since May 2011 I understood that she would’ve acquired Permanent Right to Reside & therefore could drop JSA & claim IS
I haven’t seen the decision letter yet (advised over telephone that IS claim nilled on Hab Res)
TFIF

Has she actually applied to the home office for permanent residency ?

Have decision letter; no R2R & therefore not Hab Res as not a qualified person as specified in reg 6(2) Immigration (EEA)Regs 2006 as they are subject to regs 5(2) & 5(3) Accession (Immigration & Worker) Regs 2004

Client produced proof of continuous employment (occasional periods on JSA) since 2004

Nick- Client is in the process of applying for permanent residency

Tom- Not sure what more we can produce for DWP.

Looks like appealing is the only option

Not sure the basis R2R has bee denied, not the regs but the facts, because if there is documentation she has been exercising treaty rights and/or has been a partner of someone that has, then there are no basis to refuse. An EEA national does not require a “permit” to have R2R and only needs to show proper evidence to support the fact. I would be appealing.

Cheers, appeals in now.

Hi Ducan, Yes a new claim has been made to protect clients position while we appeal the IS decision. Cheers