EEA PR Card

[pgautam]

Hi I have a German friend who lived in the UK over 5 years. She has 3 children and one of them is Disable so she does not work and looks after 3 children. She receives benefits to support. Now because of this Brexit she is anxious. Can she apply Permanent Residency using the EEA (PR) form? If so in what category?

[secret.simon]

Has she ever worked in the UK? If so, for how long and when?

Does she have Comprehensive Sickness Insurance (essentially, private health insurance) for herself and all non-British family members?

[pgautam]

She said she never worked. She separated from her husband and came here. She wanted to work but She was advised not to work as the disable child needs a full time care person. I will ask about insurance but I doubt about it.

[noajthan]

Hi I have a German friend who lived in the UK over 5 years. She has 3 children and one of them is Disable so she does not work and looks after 3 children. She receives benefits to support. Now because of this Brexit she is anxious. Can she apply Permanent Residency using the EEA (PR) form? If so in what category?

The situation may be complicated due to receipt of and reliance on benefits (if social assistance benefits).

Does friend receive DLA due to family circumstances?

if so its a complex area, suggest contact Aire Centre for advice:
http://www.airecentre.org/data/files/re ... s-2014.pdf

[etdshap]

She said she never worked. She separated from her husband and came here. She wanted to work but She was advised not to work as the disable child needs a full time care person. I will ask about insurance but I doubt about it.

From what I understand after reading some of case judgements, she is entitled to claim PR under regulation 15 (1) (a). However, I can see this case being a really complicated case and will certainly have to go through appeal and might even have to go to ECJ.

Now, because to start with she is actually a carer, irrespective of who she cares for. So that's a profession by its own right. The complexity is that she is a carer for a family member and thus there is no formal job contact, payslips, P60s or anything like that.

The case of ‘Udo Steymann v Staatssecretaris van Justitie (EEC Treaty) (1988) EUECJ R-196/87’ relates to voluntary workers and whether they meet the definition of a worker. It's worthwhile you reading into this. https://www.gov.uk/government/uploads/s ... w_v2_0.pdf (page 7).

From my perspective, here she is a voluntary worker and therefore meets the definition of a worker. By the same virtue, there is no requirement for CHI either. However, if she doesn't already, I would highly recommend that she gets EHIC card from Germany ASAP. Again, in my view, it's not necessary.

I would be extremely surprised if Home Office's case worker approves the application based on this ECJ judgement. They simply don't have the expertise or the time to read and understand all these sections of the law.

I do wish all the best for your friend.

E

[pgautam]

Thank you all for your input. She never thought it would be straight forward. All these different laws and judgement to consider. If she goes ahead with her application, I will post the outcome here.

[etdshap]

Thank you all for your input. She never thought it would be straight forward. All these different laws and judgement to consider. If she goes ahead with her application, I will post the outcome here.

You're welcome. I think she should apply and do it through a solicitor who ACTUALLY knows A LOT about EU laws and ECJ judgements.

My own solicitor, although she has really good reputation, did not know about regulation 15 (1) (c-d). And in your friend's case, we are talking about specialist interpretation of the law and ECJ judgements so getting the right solicitor from the start is really important.