PFA? Italian claimant, brazillian partner

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    I am a bit flummoxed by this claim from a couple from abroad.

    The claimant is an unemployed Italian. She has a Brazillian partner who works. They have 3 children.

    I am not sure about the partner’s immigration status. He has a ‘Residence Card of a Family Member of an EEA National’ with ‘Employment and Business Activites Allowed’.

    Not sure if we can pay benefit. I am thinking the only two possible ways are:

    1. If the partner’s residence card means he has indefinite leave to remain. We can advise them to make the claim in his name, and we can pay. Or, if this is not the case…

    2. The Italian lady remains the claimant. Although she has no worker status, we consider her to be self-sufficent because her partner is working.

    Any thoughts? Are either of my two options correct? If no, is there another way we can pay?

    Thanks for your help.


    Hi Sam,

    If the partner is Italian she would be an EEA18 national and allowed to reside in the UK. However, as she is not working she will be classed as Economically Inactive. Therefore her right to reside would be conditional upon being self-sufficient (as you have stated the partner is working so this is very possible) and she must have comprehensive medical insurance.

    Otherwise as you have stated the partners Immigration Status will need to be taken into consideration with a view to making him the claimant, if he is eligible.

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