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Forum Home  →  Discussion  →  Residence issues  →  Thread

Pre-settled Status and entitlement to UC

RAISE Advice
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RAISE Benefits Advice Team, Liverpool

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Total Posts: 175

Joined: 21 June 2010

Hi

Any advice re the below would be much appreciated

Cl is Dutch with IL2R
Wife has LL2R - Pre-settled status
UC is joint claim but only single standard allowance in place. Child benefit in payment
Wife is Nigerian,and she has never worked in the UK
Cl last worked between 2010 and 2022. He first claimed UC around Feb/March 2023
Cl states they are both looking for work.
4 Children ages 2, 4, 6, 10 year olds

Not sure if cl can retain worker status if last worked 2022 and then his wife can have right to reside by being Family member?

Thanks

Elliot Kent
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If the Dutch national husband worked from 2010 to 2022 then he would appear to have EU law permanent residence and his wife would therefore have a right to reside. See reg 13(2) and 15(1) I(EEA) Regs 2016.

Whether worker status can be retained since having last worked in 2022 would depend on the reasons why he has been out of work during that time rather than the duration as such.

RAISE Advice
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RAISE Benefits Advice Team, Liverpool

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Total Posts: 175

Joined: 21 June 2010

Thanks Elliot! I will look at the regs as I am not experienced in these cases.

So if he has EU law permanent residence under reg 13(2) and 15(1) I(EEA) Regs 2016. Would he need retained worker status too for his wife to have a right to reside?

 

Elliot Kent
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One you are a permanent resident, there is no longer any need to show that you are a worker etc. You would argue permanent residence and retained worker status in the alternative.