A2 national – been in UK since 1999 – PFA, right to reside

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  • #34933
    jane
    Participant

    Does the 5 year residency rule – giving persons a right to reside – apply to Romanians?

    I have a case where the claimant has been here since 1999, so I would have said that they have a right to reside, but:

    – The claimant’s solicitors are applying for an EAA registration certificate, and

    – I’ve noted that the PFA quick worksheet in the library section doesn’t mention the 5 year rule,

    (The claimant is not working at the moment, but has been from 2002 to June 2007. He has a Romanian wife and 4 kids, 3 kids were born in the Uk. He entered the UK as an asylum seeker in 1999, but this was refused in May 2007).

    Thanks for any help.

    Jane

    #52468
    DJM
    Participant

    As I understand it, A2 nationals will gain a permanent right of residence once they have lived in the UK for five years from 1 May 2004. Any periods of residence before that date will not be taken into account.

    #52469
    Anonymous
    Guest

    The 5 year residence needs to be in accordance with the EEA regs, so as A2 nationals only became EEA nationals on the 1/1/07, any time in the UK before that date would only count towards the 5 years if they were a family member of an EEA national and had rights because of that.

    If an A2 national had been working legally for the 12 months before 31/12/06 their rights will be the same as any other EEA national. But if he was an asylum seeker until May 07 I’d guess that he wasnt working legally.

    #52470
    jane
    Participant

    Thanks that makes sense.

    I presume that DJM meant that the 5 years start from 01.01.07 too.

    The person was granted rights to work in 2000, so I guess he was working legally. This is probably the basis of his solicitors application.

    Thanks for your help.

    Jane

    #52471
    Anonymous
    Guest

    Then I guess he may be eligible as a EEA worker, if he’s involuntarily unemployed?

    #98256
    DJM
    Participant

    My bad, I was referring to the old A2s…. *sigh*

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