RTR and birth of baby

Good morning all :) Im pretty sure I know what the answer is, but just want to confirm my thoughts as RTR is such a complicated area.

I have an EEA national (Malta) who came to UK in 2013, lived her with her partner (not married) and did not work (though her partner did). Relationship broke down and client returned to Malta for a few months. She was pregnant at the time. She returned to UK in May 2014 (having been absent for 3 months). I am not certain if she claimed JSA but it may have been ESA at this time as I dont yet have all the information, but its possible that she did.

Baby was born one month ago. There is a suggestion that she has claimed ESA but is not being paid anything (I think on basis of a bad back im told - sorry for being a bit sketchy but I haven’t yet met the lady so facts are via a third party).

Im waiting to find out if she ever worked in Malta.

so ....

She cant be a family member of an EEA national as they were never married
She cant retain worker status as she has never worked
She cant be a jobseeker as her baby is only one month old
If she has worked in Malta, I think I could try for MA? (but not sure if she will meet the 66 week test period due to length of time in UK)
she doesnt have any other children in education (and has never worked anyway in UK)

I know there is the Jessy St Prix case but I think this is more to do with retaining status of a worker and am not sure if this will help someone who has never worked?

At present social services are assisting. I would be very grateful for any advice on this, as my thoughts are that it will have to be JSA but this is near impossible given that she has a very young baby.

many thanks

I think that’s right unfortunately.  In particular the family membership issue: not married so would only have had the inferior and more fragile “extended family” status, but even that is conditional on a residence document which it appears she didn’t have.

As a very long shot, you could check if she has right of abode via a parent (given that Malta is in the commonwealth).

Thank you both. I would never have thought of right of abode so thanks for that. As you say, a long shot, but you never know so will definitely ask the question.

Hi Guys

This has developed a bit further (and the situation changes from day to day). Last week the Father of the child said he would support the baby and pay Mums rent for the forseeable future (they are still seperated). This week Mum is talking of returning to Malta. I managed to establish that this lady worked in Malta pretty much full time up till 2013 (date uncertain at present) so im looking to establish if she could claim maternity benefits from Malta even if she stays in the UK. She has never worked in the uk so wouldnt Malta be the competent state as the last country that where she was insured? (sorry if im talking rubbish, dont know much about this). I have also considered if she would be able to claim MA here (under the aggregation rules) but I dont think she will meet the 66 week test period for MA, but think it may be worth a claim anyway as im not certain of the dates of employement.

Finally, with regard to returning to Malta, this lady has spoken to the embassy re sorting out papers for the baby. They have allegedly told her that she would not be able to claim benefits in Malta for the baby as the baby is a British Citizen. I dont see how that can be correct given Malta are in the EEA, and the information on family benefits in Malta that I have been looking at seems to say this can be claimed by residents of Malta, not citizens of Malta.

I would be very grateful for any advice, or comments on if I am heading in the right direction. Many thanks in advance :)