Separated partner of and EEA national

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  • #38856
    K Sylvester
    Participant

    Hi,

    I have a case the husband is Portugese and a self employed gardener. He married a Brazillian national in 2008 and they camre to the UK in 2009. She has a 12 year old son who is a brazillian national who started his education in Brazil. They have two other children born in the UK in 2009 and 2010.
    The father has now left the household but they are not divorced and there was no domestic violence. Her visa is valid until 2014 on the basis that she is a family member of an EEA national.
    She applied for income support which has been refused as she has no right to reside and the home office have sent her a letter stating she must leave the UK (though I haven’t seen this)
    I thought she would be able to stay in the UK because she has dependent children who were born in the UK. However, am I right (or wrong) thinking she would not be eligible for HB and CTB under the HRT e.g. not self sufficient and no comprehensive medical insurance.

    Many thanks Kimberley

    #109976
    Kay_Tade
    Participant

    I think you need to know why the home office have asked her to leave the UK, the regs allow for expulsion from the UK, regardless of nationality, based on certain circumstances. If it’s valid she has no right to reside under any circumstances.

    #109977
    K Sylvester
    Participant

    Hi Thanks for the reply, just had some more info Home Office have now granted a further visa (expires 2014) on the basis that she is a member of an EEA national as the marriage has not been dissolved. It allows employment and business activity but makes no mention of recourse to public funds.
    So for HB and CTB purposes can I still treat her as a family member of an EEA National as they are only separated? I think so but just want to be sure – Many thanks

    #109979
    Kay_Tade
    Participant

    [quote=K Sylvester]So for HB and CTB purposes can I still treat her as a family member of an EEA National as they are only separated?[/quote] Yup, that’s what I would have expected as the partner is still exercising treaty rights. Your statement about expulsion threw me but it’s fine to pay. You MAY need to keep tabs on the partner’s circumstances because as soon as he stops being a qualified person so does she. She MAY gain other rights of residency though. Ibrahim et al.

    #109980
    K Sylvester
    Participant

    Many thanks Kay!

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