Entitlement for a partner of an EEA national?

Hi,

My client is the spouse of an EEA national.  His residency document is classed as ‘Residence Card of a family Member of an EEA National’.

His relationship broke down in March 2012 and his partner left to stay with her sister.  They have now reconciled (approximately late October 2012).  He has been living off savings and loans from friends.

HB has been refused during the period of the break-up. This is on the grounds that he is ineligible as he has no right to reside as he is no longer the partner of an EEA national.

My opinion is that he does have right to reside as the spouse of an EEA worker from who he temporarily separated and did not divorce. 

He is the named tenant, Algerian and has been resident in the UK since 2008. His partner has been in continuous employment since the tenancy started 15.11.10.

If anyone has any experience with a case like this I would be grateful for feedback.

Thanks

Allan

Just saw this.  You use the words spouse and partner.  Are they/were they married?

Hi Nevip,

Yes, they are married.

Thanks

Allan

Then

You are right.  I’ve done these kinds of cases for Income Support with consequential effect for HB.  Spouses of EEA nationals who are working or who have retained worker status have a right to reside until divorced.  You simply need to evidence her employment throughout the period and evidence their marital status.

Brilliant,

Many thanks