Exercising treaty rights!!!

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  • #39528
    michaelh
    Participant

    Extract taken from a DWP circular……..From 30 April 2006 EEA nationals who live in another member state for 5 years or more, exercising EU rights, gain a right of permanent residence under article 16 of EC Directive 2004/38/EC.

    To show they have gained a permanent right to reside, EEA nationals must demonstrate that they have been continuously resident in the host member state for 5 years and show that their residence was in accordance with the Immigration (EEA) Regulations 2006 or EC Directive 2004/38/EC. Under the Directive, this means that the EEA national must show that during at least 5 years in the UK, they have been a worker, self-employed, a jobseeker, a student, a self-sufficient person or the family member of any of these. A combination of these statuses can be used to gain a right of permanent residence……

    I am Ok with workers, self employed, work seekers and self sufficient persons. What I dont understand is the student part. What am I missing as this suggests that if you have been a student in the UK for 5 years continuously then you gain a permenant right of residence.

    Help would be appreciated 🙂

    #112408
    Kay_Tade
    Participant

    [quote=michaelh]I am Ok with workers, self employed, work seekers and self sufficient persons. What I dont understand is the student part. What am I missing as this suggests that if you have been a student in the UK for 5 years continuously then you gain a permenant right of residence.[/quote]

    You said it yourself….

    “EEA nationals must demonstrate that they have been continuously resident in the host member state for 5 years and show that their residence was in accordance with the Immigration (EEA) Regulations 2006 or EC Directive 2004/38/EC”

    A student does exactly that[Exercising treaty rights under the relevant regs].

    #112409
    michaelh
    Participant

    OK marvelous – at least that is as straight forward as it reads.

    I will but you a Bentely if I win the Lotto Kay… 😉

    #112434
    franklinj
    Participant

    A person has to reside Lawfully in the UK for five years – it is not a matter of just arriving in the UK laying low for 5 years and then saying ‘hey I’ve got permanant residence’!!

    If someone came to the UK to study it does not normally count towards the five years only the home office can decide for sure if someone is entitled to residency after five years. If only EU law was as straight forward as it reads. :ghost: Happy Halloween

    #112436
    michaelh
    Participant

    We have to make these decisions for HB/CTB purposes, as long as you are not informing a clmt that they have a permenant right of residence, only that they are eligible for HB/CTB.

    Interestingly though, if you look at the Home Office web site(UKBA) they have a PDF document claim pack for EEA nationals to use when applying for permenant residence. The guidance notes point out that being a student counts towards the five years needed for permenant residence. There is even a nice little chart at the end which tells you what evidence you need to send in if you have been a student…

    I like you Jenny, was a bit suprised that a student could use periods of study towards gaining a permenant right of residence but it seems that this is indeed the case…albeit, I am assuming they would have had to have been self sufficient for the period of study in question.

    #112440
    franklinj
    Participant

    Mmm Yes defo would have to have been self sufficient for the 5 years – those cases could apply for permanant residence although I am not entirely sure that it would be granted – we get alot of foreign students who try to present themselves as workers when really they are students. Not many of them slip through the net though. Roll on Universal Credits eh can’t wait for the DWP to have to start making some proper decisions…..or prehaps they won’t… and will just pay everybody (thinking the latter is more likely).

    #112441
    michaelh
    Participant

    Too true Jenny, I do worry about UC though!!!! Argh…….

    #112445
    Kay_Tade
    Participant

    [quote=franklinj]A person has to reside Lawfully in the UK for five years – it is not a matter of just arriving in the UK laying low for 5 years and then saying ‘hey I’ve got permanant residence’!![/quote]

    Hi Jenny, all one has to do is exercise treaty rights and convince you they hae done exactly that!! Yes, proof required, but not a defo!! a tribunal, time after time, will give an EEA a permanent right to reside based on testimony…..if convincing fact/story/history….etc.. shows that they have been here.

    The UKBA, so says caselaw and EU law, don’t have to issue a permit saying you have a “permanant right of residence”. If you “lie low” for 5 years and don’t claim any benefit for that period then I can’t/won’t be refusing benefit on R2R. I have yet to see a case, FtT/UT, to refuse R2R for JSA/I.SHB/CTB on that basis. Well, we live and learn. 🙂

    #112446
    liffe
    Participant

    [quote=franklinj]Roll on Universal Credits.[/quote]

    Q1. You don’t like working?

    #112448
    Kay_Tade
    Participant

    [quote=barry.cummins]Q1. You don’t like working?[/quote] 😀 no one does…

    #112450
    nickkeogh
    Participant

    Rory McIlroy does.

    #112451
    liffe
    Participant

    I may not like working… but I love that I have a job!! 😉

    #112467
    franklinj
    Participant

    Yeh I love my job been at it 29 years :p but can’t wait to see what a shambles is made of the EEA crowd under UC. Mind you by then they probably will have scrapped the R2R and we will be back to the good old days of ‘the benefit tourism’where we paid all and sundry!!!

    #112475
    Kay_Tade
    Participant

    [quote=franklinj]Mind you by then they probably will have scrapped the R2R and we will be back to the good old days of ‘the benefit tourism’where we paid all and sundry!!![/quote]

    😀 made my day!

    #112476
    Kay_Tade
    Participant

    29 years Jenny ? Would never have thought you were even 29… 🙂

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