My client (a German citizen) has lived in UK 6 years, trained as a teacher and worked for at least a year as art teacher in the UK until she had her 2nd baby. Her husband left this year leaving her the lone parent of two children, one 5 and one eight months.

IS refused on R2R grounds and it seems she hasn't got a leg to stand on on worker status when she claimed and potential rention of worker status as she stopped working to look after children.

Reading through past posts, her only hope seems to be R2R on the grounds of her (UK born) child being in school.

Can anyone pioint me to further reading or test cases I could have alook at on the issue of her daughter being in school ultimately helping her IS claim?

Thanks for your help

You haven't said anything about her husband - is he German or any other EEA national? Has he worked? Is he still working in the UK? Was her 5 year old installed in school at a time when she or her husband was working?
Could she work from home as a self-employed art teacher, so she can work and look after children at the same time?

Also consider permanent right of residence if she has been here for more thaqn 5 years - see other posts on this subject plus Immigration ( EEA ) Reg 15 and EC Directive 2004/38 on this point.

Hi, sorry for delay

Husband is Brazillian, self employed 2006-8 and is now too ill to work (as far as client knows), has left family home and no longer in contact.

Child was placed in school after mother had started work. Before working mother did PGCE in UK.

From my reading of the posts, Baumbaust is the key. I think my client falls under the auspices of the B case but the posts I have been reading are a bit old, does this case still cut the mustard?

Thanks, funny thing to be doing on Xmas eve...

Hi. I went to appeal with a similar case and won but the S of S appealed to Commissioner and the decision was turned over against my client. Fortunately i'd recommended swapping to JSA and only 4 weeks were at issue. IS paid the 4 weeks benefit following the original appeal so my client didn't lose out. But the commissioners decision is CIS/3789/2006 if you want to have a read.

I can't see that CIS/3789/2006 is relevant to this case. It's about retained worker status for someone who at the date of claim had only been in the UK for about a year after a period of absence from her earlier stay. It doesn't relate to the 5 year rule.

Surely the argument is that this woman has been lawfully living in the UK for over 5 years in a status that had not required her to claim means-tested benefits before (I presume that is what you are saying). That means that she has been self-sufficient in that time, as her Brazilian partenr, who was lawfully working in the UK at the time, was supporting her. If she has since worked and supported herself anyway that is all to the good but in this case you are not arguing she is a worker with retained status.

If there have been benefit claims in the past I would be surprised, as a work permit worker would be subject to a condition not to have recourse to public funds.