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Jobseeker status / initial 3 months RTR count towards permanent residence
In CE/657/2016, published on gov.uk today, Judge Poynter holds that an initial right to reside for three months, and time as a jobseeker, can count towards the five years needed to acquire a permanent right to reside using domestic law (the 2006 EEA regulations in this case) even though this is more generous than under EU law -
‘Regulation 15(1)(a) confers the permanent right of residence on any EEA national “who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years”. In my judgment, [the words ‘in accordance with these Regulations’] extend to those whose residence during the initial three months was n accordance with regulation 13 and those whose residence as a jobseeker was in accordance with regulation 14 and regulation (1)(a).’ (paragraph 67)
plus confirmation that you need an RTR at the date of the decision, not the date of the claim.
rightsnet summary for CE/657/2016 now available .....