Article 2 – help needed!!!!

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  • #38885
    twillcox
    Participant

    Can anyone help with this as we are going around in circles:-

    We have a claim from an EEA who does not fulfil the right to reside as he is not economically active / self sufficient etc.

    He is claiming that he does have the right as he is a family member of a worker or the self-employed.

    His daughter is Albanian she has the rightto reside as a family member as her (estranged but not divorced) husband is a EEA worker.

    Under Article 2. Para (3B)(d):-

    Direct relatives in the ascendant line (parents, grandparents etc) of the worker / self employed person (or their spouse or civil partner) who are dependant.

    I have taken this to read that the direct relative of the spouse of the worker – would be a family member and fulfil the right to reside? How does anyone else read this?

    Also if this is the case, does this read that they have to be dependant on the worker or can they be dependant on the spouse?

    Help!!

    #110077
    Kay_Tade
    Participant

    Yes you are right, the spouse has a right to reside because the partner, as of now, is exercising treaty rights. The claimant has a right to reside because he is a family member of the spouse and dependant on the spouse.

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