Turkish national who is married to an EEA national

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  • #39553
    Anonymous
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    Hi

    We have a claim from a Turkish national who came to the UK in 2010 and whose visa that he is a family member of an EEA national (his wife). His wife is from Poland and she stated in their application form that she came to the UK in 2011.
    She is not working and doesnt appear to have worked before and therefore not able to claim, however he is working.
    My query/issue is that he is being piggybacked by her right as an EEA national however she is not meeting the requirements to able claim Hb/Ctb and that would also affect him. The rules however also state that as long as he is the UK lawfully he is able to claim.
    Is he therefore able to claim because he is in the UK lawfully regardless of her ineligibility (even though he is here because she is an EEA national).
    And if he can claim can he then be considered as an EEA national i.e being in genuine and effective work and retaining worker status H) H)

    #112560
    Anonymous
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    This question was answered by the Court of Appeal in Yesiloz v Camden: a Turkish national who is lawfully present in the UK is not excluded from benefit as a PSIC because of the exemption for ECSMA/CESC states, but s/he still has to satisfy the HRT test, including the right to reside. And as you say, your claimant’s right to reside as an EEA family member is only as good as his wife’s so it all falls back onto nher.

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