In my experience a generous tribunal might accept continuing worker status.
Also there's an argument that as she's been here for more than 5 years then she's got an r2r anyway, it's reg 15(1)(a) I(EEA)2006 and article 17 of 2004/38/EC which was drafted with regard to article 18 EC.
Up here DWP are saying that you must have residecd in UK, in accordance with those regs for 5 years, and interpret that as "with a r2r as granted above" but that renders several other I(EEA) regs as to when workers or ex workers might get the r2r after shorter periods of no effect so, at least in my submissions, is against the rules of statutory interpretation as the regs must be read so as to give other regs effect, also to read it in any other way would not be compliant with art 17 2004/38/EC without reading in another caveat that isn't there.
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