Right to reside

Hi

I am struggling with an advice line query we have received today from a Czech national. This lady has separated from her British husband 3 weeks ago and has two children who have British nationality and passports. The facts of the case are as follows;
Arrived in the UK in 1999 and has lived with British husband since this date (married 8 years ago). Husband was working and supporting her.

Has 2 children aged 2 and 10 months - British passports
Left the Uk with her husband to live in the Caribbean in 2005
Returned to the UK in January 2010 and her husband supported the family with capital from the property they sold in the Caribbean

Will client have any rights to claim IS, CHB, CTC etc as a lone parent.

She has not obtained any worker status herself, has no children in full-time education, may well have lost any rights she had to remain in the UK before 1/5/2004 without conditions relating to taking up employment when she went to the Caribbean??

My feeling is that she will be refused benefits but I really don’t know and would appreciate any help you can give me.

Thanks
Sue

Has her husband ever worked in Europe ? If he has then she could invoke her treaty rights and get benefits until the divorce.

If however he is merely a British citizen then she is unlikely to qualify for benefits unles she gets a part time job and becomes an EU (A8) registered worker.