Initial Right to Reside

I have a client who is an EEA National who first came to the UK in 2018.
They then lived abroad for 18 months and returned to the UK in mid-December 2020.

Do they now have an “initial Right to Reside” from their second entry to the UK in December 2020?

I’m wanting to advise on whether they were exercising a right to reside immediately before the end of the Transition Period, in order to take advantage of the grace period.  They do not yet have pre-settled status.

Thank you

Martin

Yes, but s/he’ll still have to evidence a current right to reside for benefits purposes, such as worker, family member, etc.

Beware of advising on EUSS if you’re not OISC authorised.

https://www.gov.uk/right-to-reside

https://www.freemovement.org.uk/what-is-the-legal-status-of-eu-citizens-during-the-post-brexit-grace-period/

Thanks for the replies.

In this case, the client had initial right to reside when they first came to live in the UK in 2018.

They then left the UK for 18 months and returned to the UK in December 2020.  While I feel confident that this second entry to the UK in 2020 gives them a new initial right to reside, I can’t seem to find this anywhere in the regs. 

Does anyone know where I can find this?

My client wishes to rely on their initial right to reside to demonstrate that they were exercising a treaty right immediately before the end of the transition period, in order to take advantage of the grace period, as they do not yet have pre-settled status.

Thank you.

You’re asking essentially if the 3 month initial residence period is a “one shot” so that your client could have used it up in 2018 and therefore did not get another one when they returned in 2020.

I am doubtful that this has ever been litigated so I wouldn’t be hoping for an unequivocal answer, but there isn’t anything in the legislation which clearly points towards the initial right being something you can only do once. I would take the view that your client has an initial right of residence running from the date of (re)-entry and if the DWP want to argue the contrary they will have to explain why.

Thank you, Elliot
I agree with you - my strong feeling is that he can rely on his initial right to reside from when he returned to the UK in 2020.

Thanks for you help,

Martin