pregnant 17 year old - immigration status.

I have a 17 year old, 39 weeks pregnant. Claimed IS in August backed with MATB1 from midwife (school leaver and parents not claiming CB for her)

Because she was born in Portugal and came here when she was 2, her claim is being assessed for R2R and habitual residence even though she has had a british passport and has never lived anywhere else from the age of 2.

I don’t come across immigration related cases very often and I’m flummoxed by this. IS tell me her claim has gone to Wick to be assessed and will take another 6 weeks. She has been told the same decision will delay a claim for a crisis loan, her sure start grant and I assume, CB and tax credits when the baby arrives.

Is there anything I can use to get her claim out of this quagmire and decided more quickly? There is a certain urgency as she has now been kicked out of home and has nothing.

Any help gratefully received, even if it is “Yes, this is normal for anyone unless they were born in, and have never stepped foot outside of, the UK”

hi there -

just to be clear - what is her nationality?

if she’s a brit cit, then right to reside doesn’t apply.

cheers ros

Well, she told me she has had both portugese and british passports although her british passport has expired.

She completed the original application form herself back in August and cannot remember what she answered with regard to the immigration status questions. If i can get hold of her expired british passport (tricky as she is barred from the family home) will that help?

In any case, even if she still has Portuguese nationality, she should have a RTR as a family member of her parents if one of them is working. That’s probably the easiest route from A-B.

Yes- as long as she is under 21 she remains a family member of her parents regardless of estrangement.

Thank you all very much. baffling indeed. Will persue passport issue.