EU - Family member of somebody who right to reside comes from the fact they are a carer of a child in education.

My client’s (Ms A) ESA was rejected on right to reside grounds. She has already submitted an appeal.

Ms A is an EU national from Holland. She came to the UK in 2010 to visit her daughter (Ms B) and has been here ever since.

Ms A has various illnesses and has never worked in the UK, been self employed etc. Her daughter, Ms B, has been caring for her. Ms A is on DLA of high rate mobility and high rate care.

Ms B is also an EU citizen. She lived off savings for a year and then was in employment for two years. She then applied for IS and has been on IS since 2009. This is as a lone parent (she has the right to reside as a primary carer for a child in education).

I’m am looking into whether Ms A has the right to reside as a family member of someone whose right to reside derives from the fact that she is a primary carer of a child in education.

From what I can see, the right to reside for family members comes from legislation, and that right comes from them being a family member of a ‘qualified person’.

Does anyone have any thoughts?

The only other thing I can think of is that there are a couple of appeals pending, challenging the rule that having the right to reside as a carer of a child in education cannot count towards the five years required to gain permanent right to reside. If these appeals win, then arguably Ms B has permanent right to reside and therefore Ms A has the right to reside as a family member of someone with permanent residency. It may mean that I ask the tribunal to stay the current appeal pending the outcome of those other appeals.

Any help will be gratefully received.