Permanent right of residence

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  • #45495
    lindsey.aylott
    Participant

    Polish EEA national was in receipt of hb/ctb based upon her wages,TC's and cb for dependant child who is 2.

    She gives up work and claims IS.  We refused benefit since she is no longer a worker and IS refused as failed HRT.

    She has appealed and i have advised her she needs to be actively seeking work.  She has now returned to work so the appeal is for interim period October – January.   She was not actively seeking work between these months and therefore has not retained her worker status and she has not proven that she previously worked five years in order to have permanent right of residence.  I am therefore preparing the appeal to the Tribunal Service. I am trying to find the relevant regs/case law to support that she had to work in the UK for five years.  I have referred to 'The Immigration (European Economic Area) Regulations 2006 '15' – permanent right of residence'.  This does not state specifically that she would have had to 'work' here for five years.  Am i relying on the Immigratyion Act 1971 'to be responsible for his maintenance and accommodation?'  being maintenance as working?

    #128232
    michaelh
    Participant

    i don’t think it is about ‘working’ for five years it is about ‘exercising treaty rights’

    exercising a treaty right can be working, seeking work, being a student or self sufficient…etc etc.

    try looking at – EC directive 2004/38, sorry do not have link but sure you can find it here somewhere

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