i wonder if anybody can assist. i have a polish national. who was married to her polish husband they entered uk dec 06. husband was working and registered with the workers registration scheme for over a year. They have recently seperated husband is still working and in the uk. is my client classed as a qualified person as she was/is a family member of of a qualified person and thus can claim claim job seekers allowance in her own right, with out actually having worked and been registered in her own right..

If they are still legally married then the basic position for EEA nationals is that she remains a "family member" so long as he is still working in the UK. I cannot see that they still fall to be treated differently as A8 nationals once he has completed 12 months under the WRS. Does anyone know different?

It would be different if they had never been married or if they divorce.