Can she claim?

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  • #35448
    stevedaymond
    Participant

    I have been looking through Baumbast, 2004/38/EC and The Immigration (European Economic Area) Regulations 2006 and cant find a definite answer.

    Brazilian customer.

    She came to the UK around 4 years ago as the spouse of a British national with a family visa, no recourse to public funds. She has split from the British national and has applied for leave in her own right. She has 2 children. A 10 year old in education (not the British nationals child) and a 3 year old. She works 36 hours per week. Child Benefit and Tax Credits have been refused due to her immigration status.

    If she is eligible can you please confirm how.

    Many thanks.

    Steve

    #99397
    Kay_Tade
    Participant

    [quote:8f0aa6f60a=”stevedaymond”]Brazilian customer.

    She came to the UK around 4 years ago as the spouse of a British national with a family visa, no recourse to public funds. She has split from the British national and has applied for leave in her own right[/quote:8f0aa6f60a]

    Basically from what you have described short answer is no, unless she has another route to qualify in her own right. But then she well get ELR or ILR and then can qualify with that.

    #99398
    stevedaymond
    Participant

    Cheers Chacha that was the way I was leaning so will go with it.

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