When making an application for a Permanent Residence (PR) there are a number of things to consider. Assessing an applicant’s entitlement for PR the caseworker will have in mind the following requirements:
- You’ve lived with in the UK for a continuous 5 year period
- You have been a qualified person for a continuous 5 year period. A qualified person refers to someone who was in full exercise of their Treaty rights by: working, being self-employed, self-sufficient, studying, job seeking (up to 6 months)
Accessing benefits is not a reason on its’ own to refuse an application for a Permanent Residence. EEA nationals are able to claim benefits, however in some cases claiming benefits can mean losing your qualified status.
With this in mind, regulation 13(3) of the EEA Regulations states:
“An EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom will cease to have a right to reside under this regulation.”
As such, benefits should be a tool used sparingly.
! Job Seekers Allowance (JSA) can help retain worker status in some cases
! A worker or self employed person receiving a low income can be in receipt of top-up benefits without hindering their permanent residency application.
Sickness and Pregnancy
A person can retain a qualified status if they fall temporarily ill and are temporarily unable to work. There is no legal definition of temporary, but there must be a realistic possibility that you will be able to work again in the foreseeable future.
If you’ve left work because of the physical effects of the later stages of pregnancy or the aftermath of childbirth you may still be counted as a worker provided that you return to work or find another job within a reasonable period of the birth.
For further information or advice on applying for Permanent Residence in the UK, please contact Alrose Legal on firstname.lastname@example.org or +44(0)2035812620.
This article is not intended to constitute legal advice and represents the opinion of the author only. Alrose Legal advises that any individual seeking immigration advice contact a professional and regulated adviser.