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EU family member Child Benefit asking about sponsor

HarlowAC
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Harlow Advice Centre

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Total Posts: 192

Joined: 1 March 2019

I’m a bit confused.

Client is Albanian. Has EU pre settled status and is getting UC.

From what I can gather she has this status as her (now ) ex husband was an EU citizen prior to the marriage ending. She thinks he may now have British Citizenship.

So, from what I can see, Cl should be entitled to CB as someone with pre-settled status who has worked in the UK and is now jobseeking?

However, CB have written to say

“As you are sponsored by a family member who is a national of an EEA country during your stay in the UK, we need more information about the family member who is sponsoring you”. The letter goes on to ask questions about the family member’s name, date of birth etc.

I’m not sure if client has put something in the form to suggest sponsorship or if these are normal questions in her circumstances.

Can anyone enlighten me please?

Elliot Kent
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Shelter

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Joined: 14 July 2014

“Sponsor” is not helpful phrasing as an EU national doesn’t ‘sponsor’ their family members in the sense of taking responsibility for them, but they will need more information about your client’s ex-husband. The fact that she was married to an EU national doesn’t mean of itself that she would have a right to reside as a jobseeker or otherwise. You would need to consider the various conditions for being a ‘family member who retains the right of residence’ at reg 10(5) Immigration (EEA) Regulations 2016.