An A8 national, single parent working less than 12 months goes off sick and has been advised to claim IS. I've got a feeling that this is going to come to me for an appeal.
I've read and re-read the immigration and the accession regs, the DM's guide, wiews of other contributors to this site until I am now word blind.
I still don't think I have the definitive answer but I've formulated a provisional view. Can anyone confirm it, or much better, tell me where I've gone wrong so that I can construct a case? The situation seems grossly unfair otherwise. Is the government's position "take your child and sod off back to ******** then"
My view is that an EEA national can retain qualified person status as a worker if they are temporarily sick. However that provision does not apply to an A8 national who has worked less than 12 months.
The person thus loses the right to reside. The family member (child) thus also loses the right to reside. I've been trying to find some provision where the child could retain the right to reside and thus the parent could thus regain the right to reside as a family member. The provisions only seem to refer to situations where the adult has died. Thus the person cannot claim IS as incapable of work.
First, is that view correct?
Second, if it is then is there a right to reside under european law that either the adult or child can take advantage of?
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