PFA’s with dependants who are EEA Nationals

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  • #35126
    Anonymous
    Guest

    Hello,

    I have a bit of a tricky one here – so any help will be appreciated.

    I have a case where the claimant and partner are Brazillian Nationals. They lived with their daughter and son in law in Italy for 3 years before moving to the uk to join them. The daughter, son in law and grandchildren have dual nationality – Italian and Brazilian. Therefore they are EEA members. Daughter and Son in Law came to UK in June 2005. Then the parents (claimant and partner) came over in March 2007 and lived with daughter and son in law until April 2008 (I’m assuming the daughter and son in law were supporting the clmt/ptnr). The claimant has started working 30 hours per week since October 07 and him and the partner moved into a new address just the 2 of them from April 2008 (meaning they are not depending on their family members any longer).Partner does not work due to health conditions and receives no benefits.
    All they each have is a registration certificate.
    Can I award them HB/CTB? What tests apply? Help…

    I’m really not sure on this one……

    MANY THANKS

    Donna

    #98646
    stevedaymond
    Participant

    Family members of EEA nationals are not subject to immigration control within the meaning of S115(9) if the Immigration and Asylum Act 1999. However, as per Reg 7 of the Immigration (EEA) Regs 2006 your claimants will no longer be classed as family members. Therefore the registration certs that they have were issued based on a certain set of circumstances but are now invalid. You should contact the local immigration enforcement office and inform them of the change in circumstances. In my opinion your claimants are now subject to immigration control and ineligible as no longer family members of the EEA nationals that they used to enter the country, but it would be interesting to see what the immigration enforecement office say.

    #98647
    Anonymous
    Guest

    Hello,
    Thanks for the response. This concludes what I was thinking as the parents are no longer dependant on the Daughter and Son in Law, they are subject to immigration control. With regards to the immigration office I just have to inform them in writing and watch this space really….

    #98648
    Anonymous
    Guest

    Hello,
    Thanks for the response. This concludes what I was thinking as the parents are no longer dependant on the Daughter and Son in Law, they are subject to immigration control. With regards to the immigration office I just have to inform them in writing and watch this space really….

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