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Dutch National refused IS - ‘no right to reside in the UK’
Hi Colleages
I have an appeal for a client who was refused Is because she does not have “right to reside in the UK”. She accompanied her mother in to the UK as a Minor at the age of 12 years. She attended school/college and was looking for a job when she finished study. She is also disabled and was in receipt of DLA MRC but was refused following a revision request. DLa currently being appealed.
She has a baby and currently in recept of Child Benefit/CTC.
Client’s mother was was working in the past ,. Mother lost her job as she had to care for my client. when my client was awarded DLA MRC, client’s mother claimed Carer’s Allowance and IS.
Currently client’s mother is in receipt of JSA.
I am asking if any colleagues have had such cases and offer advice on tactics to employ.
Thanking you in advance.
how old is she? (or, how long has she been resident in the UK?)
hi
is your client under 21? - if so could perhaps argue that client has a right to reside as family member of qualified person (her mother)?
reg 14 of immigration (european economic area) regulations 2006 gives family member right to reside and reg 7 defines family member including direct descendants aged under 21.
client wouldn’t have to show that is dependent on mother, or has any relationship with her at all, as is under 21.
cheers ros
hi
is your client under 21? - if so could perhaps argue that client has a right to reside as family member of qualified person (her mother)?
reg 14 of immigration (european economic area) regulations 2006 gives family member right to reside and reg 7 defines family member including direct descendants aged under 21.
client wouldn’t have to show that is dependent on mother, or has any relationship with her at all, as is under 21.
cheers ros
Thanks to those colleagues who responded, I will take your suggestions. Answers to the Questions AS follows. My client entred the UK 22 JULY 2002, at the age of 12 years. Current AGE 20 years old. have been in the UK for 8 years.
My understanding is that int his case, she will be the family member of someone who has permanent residence in the UK (because she has lived there legally since 2002) but otherwise she would not be so secure. As the family member of a jobseeker she would be a “person from abroad” with an Applicable amount of nil. Is this correct?
hi again - i thought you had to be family member of ‘qualified person’ and ‘qualified person’ includes jobseeker (reg 6 of I(EEA) regs).
what does anyone else think? happy to be contradicted if wrong.
cheers ros
I agree. If you are a family member of a qualified person, for example a former worker claiming JSA, you are not a person from abroad and are entitled to full benefit. The only problems I’ve ever had with this are evidentiary ones.