Dutch national with Ghanian Wife

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    Quick double check on this one.

    Claimant is a self employed dutch national with Ghanian Wife. They have an 11 year old son (Dutch passport).

    Wife works p/t in a school, claimant states he was working full-time but now only does 8 hours per week.

    I know there are conflicting opinions on the ‘effective and genuine’ test for self-employed, but if possible i want to bypass this as i’m pretty sure they qualify regardless.

    My only issue really rests with the wife.

    Presumably her right to reside in the UK exists as the partner of an EEA national (i say presumably because the only visa she has supplied is in dutch!)

    Her right to reside (and ability to work legally) is based on him being a qualified person, which would have been the case when he was working F/T. The dependent is obviously of school age so regardless of their status now the child being in education at the time the claimant worked F/T means they satisfy the R2R, not through the claimants work but through the partner’s?

    Does the wife need a UK visa or will the dutch visa suffice?

    Am i on the right train of thought – or am i over complicating the matter?!


    Agree with your analysis, and I’m one of those that genuine & effective does not apply to the Self-Employed for R2R, anyhow you look at this they have R2R of some sort so I would pay.



    We currently have a claim from a German lady who came to the country in November 2006 with her husband who was originally from Sri-lanka (husband came in as a family member of an EEA person).

    Customer has worked in the UK between November 2007 and March 2010 before she started her maternity leave in March 2010. She did not receive any Maternity payment from employer or DWP.

    Customer has not signed on at the Job Centre and she does not intend to return to employment until the child reaches nursery age i.e. 3 years. The only source of household income is her partners part time earnings of £400 per month and Child Tax Credit.

    Partner has been working in the UK since November 2006.

    Are we able to award benefit in view of the above, as I do not think that the customer can retain her workers status as she has not bothered to register herself as such with the Job Centre.


    Unless the child is british/ dual nationality, i think they may be struggling – unless of course the partner has been given settlement/ leave to remain in his own right.

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