Jmac
Community Legal Advice, DAWN (Advice) Ltd, Northumberland
Member since 21st Sep 2009
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Pregnant A8 national who's never worked split with UK husband
Wed 07-Apr-10 02:09 PM |
I think I know the answer to this one already and it doesn't bode well for my client. Just looking for another opinion.
I have a client who is from the Czech Republic. Came to the UK 10 years ago as a student. Met a guy in the UK and married him.
The Husband has always worked in the UK and never exercised a treaty right in another member state.
My client, the wife, has never worked in the UK, never completed the workers registration scheme. She was in receipt of carer's allowance for a couple of years though.
She has 3 kids to her UK husband is pregnant with the 4th. Kids are 5, 4 and 2 years of age. 5 Year old is in school.... does this make a difference?
Anyway, they've split up and she's now in a refuge. She has no income, husband pays nothing. Client has applied for and been declined income support, HB Ctax Ben etc.
Client wants to appeal the decision.
Thing is, I don't think she qualifies for income support and given that she has never completed the 12 WRS my thinking is that she won't even qualify for JSA.
My client can’t afford to apply for Permanent Residence.
I've read through the Ibrahim and Teixeira cases and don’t think they apply to this.
Can anyone offer an opinion?
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