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.

    DJM
    "Genius may have its limits, but stupidity is not thus hampered." Mary Doria Russell, "The Sparrow"

    #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*

    DJM
    "Genius may have its limits, but stupidity is not thus hampered." Mary Doria Russell, "The Sparrow"

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