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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Permanent right to reside query

SamW
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Lambeth Every Pound Counts

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Total Posts: 431

Joined: 26 July 2012

My basic understanding is that if you establish a permanent right to reside before April 2006 you will lose it again if there is a continuous 2 year period where you would not otherwise have had a RTR. If you get a permanent right to reside after that date you keep it permanently unless you spend a continuous 2 year period out of the country.

My query is about periods that straddle April 2006 - where somebody gets to 5 years but some of those years are before 2006. Do they still get the more permanent right to reside? Or do they need five years starting after April 2006?

Hope I’ve made myself clear-ish, RTR melts my brain a little.

chacha
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Benefits dept - Hertsmere Borough Council

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SamW - 18 December 2014 03:30 PM

My query is about periods that straddle April 2006 - where somebody gets to 5 years but some of those years are before 2006. Do they still get the more permanent right to reside? Or do they need five years starting after April 2006?

See the links to the posts below, The period straddling the old and new rules only means that, as long as you did not lose the right before the commencement of the new rules you are fine, if you lost it prior to the end of the old rules, for example not working for 2 years before 2006, you will have to start all over again and won’t have permanent residency. You will not get permanent residency until 2011 at the earliest, unless the conditions of an earlier date, such as permanent illness, is met.

http://www.rightsnet.org.uk/forums/viewthread/6459/P15

http://www.rightsnet.org.uk/forums/viewthread/6508/#27811