Permanent Right to Reside

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    lynda russell


    I have a case where a Swedish national, lone parent, has lived in the UK continuously since 1990 and worked from 1990 – 2002.
    Claimed Income Support from 2002 – 2005.
    Became a FT student in 2005 and stopped claiming HB.
    Has now reclaimed IS and been refused as failed RTR.

    As I understand it, an EEA national who has resided in the UK lawfully for 5 years can acquire the right of permanent residence (Reg 15(1)(a) SI 2006.

    Has now claimed HB – from what date should we start counting the 5 years?



    See CIS/1794/2007 5 years in itself is not sufficient, the claimant must have been exercising a treaty right continuously for 5 years.

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