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Step-parent and R2R
Hi all,
Looking for views on this as going round in circles - I have a client, 75 year old Polish man. Came to UK in 2009 with his wife. Joined her daughter (his step daughter) who has been working here since 2006. The couple claimed Pension Credit (claim in wife’s name) - right to reside as family member, everything going swimmingly.
Fast forward to october 2014 - the old couple split up.
Step father moves in with step daughter and claims Pension Credit - this claim is refused on the basis that he does not have a right to reside.
‘I have also decided that he cannot derive family rights from his step daughter because he does not have an EEA family member permit naming her as his extended family member.’
Her mother continues to claim Pension Credit with no problems.
Struggling to find something that clarifies step parents - I can find yards of stuff about step children but not step parents???
Here is an extract from the definition of close family member in Article 2 of the Directive:
(c) the direct descendants who are under the age of 21 or are dependants and those of the spouse ...
(d) the dependent direct relatives in the ascending line and those of the spouse
And this from the corresponding Reg 7 of the I(EEA) Regs 2006
(b) direct descendants of his, his spouse or his civil partner who are—
(i) under 21; or
(ii) dependants of his, his spouse or his civil partner;
(c) dependent direct relatives in his ascending line or that of his spouse or his civil partner
On close reading it doesn’t cover the spouse of the EEA national’s direct ascending relative, it only covers the direct ascending relative of the EEA natioonal’s spouse, which is not the same thing.
DWP therefore appears to be correct in saying that this man belongs at best to the inferior “extended family” category (if that, to be honest) for whom possession of a residence card is compulsory. If he didn’t have one during the eight years before they separated, he appears not to have earned a permanent right of residence and for the same reason does not have a current right of residence now.
Thank you (Mr) Anorak - that’s what I was afraid of
Her mother continues to claim Pension Credit with no problems.
Are they still married? Did the ex-wife/wife attain a permanent right to residency at some point and if so was Mr still with her/married to her?
They are still married. They split up on or about the 5 year anniversary of being in the UK. The wife is a similar age to him and as far as I know has never worked in the UK. Don’t know about the permright to reside?
Was thinking along the lines of him having a right to reside, based on his wife, rather than the step daughter?
Isn’t the problem with that that she only had family member rights so she can’t pass them on to someone more remotely connected to the principal EEA National
Well he is still the spouse, and if the wife has perm res, he may not have perm res because he did not apply for the residency card but why shouldn’t he have a right to reside based on being the spouse of someone that has perm res? Maybe he should apply for it now?