A8 national and I.S ...

Good morning !
I have a cl who came from Poland 24/01/06 and began working 01/02/06. This work lasted until 30/09/06 when cl became a student.
Cl resumed employment 12/05/08 and ceased 17/07/09. Break in cl employment until 01/12/09, then cl. ceased work 31/03/10 because of pregnancy.
Cl has 13 month old child and has just separated from the father of her child because of domestic abuse and they were not married.
Father of the child is British.
Cl has a Polish brother aged 28 who is employed and lives in London while cl resides here in Maidstone.
Cl has claimed I.S but this has been refused.

My take on this is :
Cl has not gained permanent right of residence because of the period of study and the times they were neither employed or claimed j.s.a, so cannot claim I.S on this basis.
Cl cannot claim I.S on the basis of having a child because the child is not in relevant education.
Cl canot claim I.S through the eea family member in London who is a worker.
Cl has to claim J.S.A ?

Howver, are there any rules in relation to cl claiming I.S because they have left an abusive relationship.

Have used this in past, though it was in respect of a Turkish national;
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/victimsofdomesticviolence/

Michyblue - 10 August 2011 09:29 AM

Cl cannot claim I.S on the basis of having a child because the child is not in relevant education.

I’m not sure I get that, she is a lone parent with a child under 7(05 in Oct 2011)?

I think they may have refused I/S simply because of I/S R2R rules so she should claim JSA[Which she should have been advised to do]. So probably do that for now and sort out a more permanent R2R.

Thank you for your thoughts ...