EEA claimant with NON-EEA partner

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    Anonymous
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    I have an A8 national who was self-employed from Oct 2004 to Oct 2006 but ceased self-emp due to pregnancy. Has had baby and is still paying NI conts but not working. I understand in this case she doesn’t retain worker status as she’s not ill or had an accident.
    Her partner is non-EEA but has residence permit as is family member of EEA national. In these circs he is NOT subject to Immigration Control. He is working. Should he be the claimant as he is not subject to IC and claim for both of them. Presumably he would satisfy Hab Res test as he’s been here 3 years?

    Any help would be gratefully received.

    Thanks.

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