Student EEA Family Member as claimant

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  • #39820
    Darren Broughton
    Participant

    Hi,

    I have a claim from an 18 year old who is a student in receipt of the “EMA replacement”.

    He is Austrian and has provided a “Residency Card of a Family Member of an EEA National”, issued in May 2011 and valid for 5 years.

    Is he eligible to claim?
    Does he have to show self-sufficiency and have comprehensive medical insurance?
    Do I need further information about the person from whom he derives his residency?

    Any help greatly appreciated

    Darren

    #113561
    Kay_Tade
    Participant

    [quote=Darren Broughton]Do I need further information about the person from whom he derives his residency?[/quote] That’s exactly what is required, if you can establish the person is exercising treaty rights then your claimant is fine and has R2R, so long as all other entitlement requirements are met, he would be eligible.

    #113743
    Helen Chidgey
    Participant

    We have a similar issue but person is a joint tenant with her father and is 22. I believe we need to check that he is exercising treaty rights and that as she is over 21 that she is still dependant on him. Could there be concern around dependancy in view of the joint tenancy arrangement?

    #113754
    Kay_Tade
    Participant

    Is the father claiming? when did the tenancy commence?

    You are right, she had the right to reside as a relative in the direct descending line under the age of 21, as she is now over 21 she needs to be dependant on him, from 21, and he needs to be exercising treaty rights, all the way through, in order to have R2R.

    How long have they been in the UK, ignore 6/12 month breaks if conditions apply, enough to count for permanent residency?

    #113763
    Helen Chidgey
    Participant

    Permanent residency not satisfied, no claim from father, tenancy commenced 30.04.09

    #113766
    Kay_Tade
    Participant

    Well, guess it’s R2R based on dependancy on father and/or in her own right, if father’s exercising treaty rights and dependancy on father is there to see then fine. The joint tenancy, in itself, is no bar to R2R based on dependancy on the father. I would take into account all other appropriate circumstances.

    #113793
    Helen Chidgey
    Participant

    Thanks for confirming my thoughts. Sometimes need reassuring that going along the right track with some of these..dont we?

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