Hello folks
I have a case which is causing me some trouble. My client is a british citizen and his partner is an EEA national (she has only been over here a few weeks). The EEA national has never worked in the UK. My client is working 20 hours per week.
I know that if he was an EEA national there wouldn't be a problem as he would confer his right of residence as a worker to her. However, he is a british citizen, and has not worked outside of the UK, so he is not technically an EEA national as he has not exercised his treaty rights. As such, he cannot have EEA worker status and cannot pass this worker status on to his partner. The conclusion I've come to at the moment is that she therefore does not have a right to reside.
Any thoughts? (other than getting the british chap to do a bit of work abroad so he becomes an EEA national)
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