R2R for ESA - permanent residence lost?

chacha - 22 May 2014 04:18 PM

Yes, but that only refers to perm res wholly or partly falling under the new regulations, and not perm res wholly and exclusively under the old regs (2000).

I don’t think I explained myself well, In Dias, similar to Sallas, the 2 years that would have been required to be inactive, that is to say that would have ended permanent residency under the old EU regs had not expired.

Dias had a five year permanent permit was from 13 May 2000 to 13 May 2005. This time-limit would apply and could not be superseded until May 2007 at ther earliest if she stopped being a “worker”, for example, between May 2005 and May 2007.

AND

As soon as the new regs came in she could no longer lose the permanent residency since the 2 years had not been spent.

AND this had not been spent in March 2007 when she made her application for Income Support hence her positive decision

You will find, if you check Lassal, that the timelines are similar.