R2R for the self employed

Am I right in thinking there is a distinction that applies to the elf employed regarding temporary and permanent incapacity?

Immigration EEA Regs Reg 5(3) says;

“Worker or self-employed person who has ceased activity”

5.
(3) A person satisfies the conditions in this paragraph if—

(a)he terminates his activity in the United Kingdom as a worker or self-employed person as a result of a permanent incapacity to work; and

(b)either—

(i)he resided in the United Kingdom continuously for more than two years prior to the termination; or

(ii).......

Temporary incapacity is covered in Reg 6(2)(a)

Qualified person”

6.  (1)  In these Regulations, “qualified person” means a person who is an EEA national and in the United Kingdom as—

(a)a jobseeker;

(b)a worker;

(c)a self-employed person;

(d)a self-sufficient person; or

(e)a student.

(2) A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—

(a)he is temporarily unable to work as the result of an illness or accident;

So this only refers to “workers”?

Also for the purposes of permanent incapacity can anyone remind me of the UT decision regarding permanent v temporary incapcity?

And finally, does 2 years residence in permanent incapacity mean 2 years legal residence, as it doesn’t say that?

Thanks folks!

Err… I know tis festive season soon but I did not mean the elf employed, obviously.

Para (2) of reg 6 only refers to workers. The self-employed are covered by para (3) -

A person who is no longer in self-employment shall not cease to be treated as a
self-employed person for the purpose of paragraph (1)(c) if he is temporarily unable to
pursue his activity as a self-employed person as the result of an illness or accident.

So exactly the same thing.

As for the second question, yes, it’s legal residence - same as any of the 5 year conditions, that residence has to be one where some sort of Treaty right was exercised (though this can, of course, mean the exercise of different rights at different times).

Thanks for that.

Any ideas on that UT decision about temporary v permanent incapacity?

FMB (EEA reg 6(2)(a) – ‘temporarily unable to work’) Uganda [2010] UKUT 447 (IAC). (FMB Case)

It’s an immigration upper tribunal decision which covers points nicely.

Discussed in an earlier thread ...

http://www.rightsnet.org.uk/forums/viewthread/4674/