Hi guys, I rarely have R2R cases and I'm a wee bit stymied as to what to advise my client at present. A bit of background:

Client is Norwegian national, came to UK with her mother, father, brother and two sisters to study. She was aged 19 at this time. She didn't study and sought work instead, she signed on but didn't receive JSA. She found work at the end of 2005 and this employment lasted until end of 2006. She claimed JSA again and it was awarded for a couple of weeks. She then gained employment again in Feb 2007 and this ended in Feb 2008 when she left to get married. She was supported by her husband (a UK national) on his Income Support claim. She ahd a childin Nov 08 and separated from husband on 12/12/08. The separation is temporary, she hopes to be reconciled. She claimed IS and has been turned down as she has no R2R as she is not a qualified person. I advised her to claim JSA. This has not been decided yet.

Can anyone advise ref the IS and what we need to do to ensure the JSA is awarded?

Does the fact that her husband is a UK national and the separation is only temporary affect the IS decision at all..I don't think the DM had this information when making the IS decision.

Cheers fellow welfs.

Pip

Just noticed that I failed to put she came to UK in November 2004, so doesn't have the five year qualification for "permanent right to reside" yet.

I'm thinking that the IS appeal may be a non starter, but the JSA claim should be ok if I can argue sucessfully that she is a "workseeker".

Any thoughts?

Cheers guys

Being married to a UK national is not usually helpful in RTR terms, unless you are living with them and they claim for you (as was in this case). Article 3(1) of Residence Directive 2004/38/EC seems to make it clear it is the rights of Union Citizens who move to another Member State to exercise Treaty rights, that are relevant. It is true that Reg 9 of the 2006 domestic regulations provides a partial safeguard for spouse/civil partner family members of UK nationals who reside together in another EEA State as a worker/self-employed person, and then return to the UK, but that does not seem relevant in this case.

I do not think your client is covered by reg 6(2) of the domestic 2006 regs ref 'workers who are no longer working', because she gave up work to marry, so she is probably a 'jobseeker'. As such, she has no hope of IS within the framework of the domestic rules - see reg 21AA(3) of the IS regs. That leaves somewhat theoretical entitlements by the direct application of EC Articles. I am not hopeful.

Best to press for JSA, in my view.

Best of luck,

Steve