Which EEA state? If one of the "old" EEA, or an A8/A2 national who has worked their 12 months under the appropriate scheme, then they have the right to work and can be a "worker" and be habitually resident with a right to reside. The question then is whether any work is genuine and effective. So two hours a week probably isn't, but maybe 12+ is.
If they are NOT classified as a worker then yes it has to be IBJSA.
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