Permanent Right of Residence after 5 years

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  • #35492
    Anonymous
    Guest

    A Polish national has lived continuously in the UK since 2000. It appears that he was not here legally prior to May 2004. However, from May 2004 when Poland acceded to the EU, surely he has been here legally?

    If this is the case then, from May 2009 does he have a permanent right of residence under Reg 15 of the Immigration (EEA) Regs 2006 because he has been now been continuously legally resident in the UK for 5 years? If so, this means that he is not a PFA under HB Reg 10.

    I feel I have taken a wrong turning in my interpretation of the regs/legislation somewhere but am not sure where. Can naybody help?

    #99488
    Kay_Tade
    Participant

    [quote:e5dfacec14=”archie”]If this is the case then, from May 2009 does he have a permanent right of residence under Reg 15 of the Immigration (EEA) Regs 2006 because he has been now been continuously legally resident in the UK for 5 years? If so, this means that he is not a PFA under HB Reg 10.[/quote:e5dfacec14]

    For your claimant to have permanent R2R they must have been a “qualified person” (Satisfied the EU/EEA 2006 regs) for the last 5 years.

    You will need to ensure that’s the case though.

    #53886
    stevedaymond
    Participant

    I agree with Chacha.

    Reg 13 talks about the initial right of residence, Reg 14 details extended rights of residence and then Reg 15 is the permanent right of residence but this can only be acheived if you were a qualified person as per Reg 6 throughout the whole 5 years.

    If it comes to the point that you have to refuse comms decisions CIS/1794/2007, CIS/408/2006 and CIS/185/2008 cover this topic.

    #99489
    Anonymous
    Guest

    As an aside to the above post; has anyone come across anything that clarifies whether it is a strict 5 year continuous period as a qualifying person or does it allow for some gaps? If someone wasn’t a qualified person for, say, a week or two could we still allow 5 years permanent RTR?

    #99490
    Anonymous
    Guest

    As an aside to the above post; has anyone come across anything that clarifies whether it is a strict 5 year continuous period as a qualifying person or does it allow for some gaps? If someone wasn’t a qualified person for, say, a week or two could we still allow 5 years permanent RTR?

    #99491
    Anonymous
    Guest

    In CIS/1951/2008, Judge Jacobs is dealing with a case where the question is whether the person retains worker statius after losing her job. The main point of the case is that she could move from one retained status category to another (go sick after signing on, or start signing on after recovering from sickness). But he mentions in passing that the odd short break here and there can perhaps be taken in the stride of a long period exercising Treaty rights – a few days is OK, a few months probably not.

    Note also that certain periods of absence from the host state are disregarded under Article 16 of the Directive, although the person would have to be exercising Treaty rights at all times while in the host state.

    #99492
    Anonymous
    Guest

    Thanks Peter.

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