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Dutch national and RTR
Apologies if this is simple but I do not deal with RTR at all usually.
I have a Dutch national who is married to, but seperated from, his British wife. He moved here in 1996 and worked until 2007. Since then he has not worked or claimed benefits and has been living off capital.
I’m making a claim for ESA for him, will there be any problems with his nationality and no working status for the past 5 years?
TIA
Your client should be OK - if he has worked continuously from 96 to 2007, he would have got a permanent R2R after 5 years legal residence i.e in 2001. He can only lose that if he has been absent from the UK for more than 2 years. The ECJ case of Lassal showed that periods of legal residence (i.e in accordance with EU law eg as a worker) could count towards the 5 years, even if before before the implementation of EU Directive 2004/38 in April 2006
Gah.
This claimant has been refused ESA (IB) due to not meeting the requirements for the right to reside test and therefore for benefit purposes is not considered to be habitually resident. Reg 6(1) of the Immigration (EEA) Regs 2006 are cited, which refer to being a qualified person.
So what might be the sticking points in this case? From the information he’s given me he was working from his arrival in 1996 through to 2007. He split from his British wife and since then he’s been living off capital and he is now suffering from severe depression following a breakdown.
Where do I go from here? Is it a clear case of a wrong decision or am I missing something?
Looks just plain wrong to me. He was a worker on his arrival and has been self-sufficient since 2007. How can he not have a right to reside? They really aren’t very good at the 5 year rules.
Looks just plain wrong to me. He was a worker on his arrival and has been self-sufficient since 2007. How can he not have a right to reside? They really aren’t very good at the 5 year rules.
Thanks Ariadne. I shall request a review.
Just to report that a request for a review of this case was successful and my client now has R2R. The £3000+ rent arrears will be mainly paid off much to the relief of my colleague in income.
Couldn’t have done it without the help from here so many thanks.