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can you have an initial right to reside more than once?
Hi all
how long does an absence from the UK have to be before a client can regain an initial right of residence?
Is it even possible to have this more than once?
if anyone knows I’d be grateful for pointers!
Thanks a lot
I have it in my mind that any absence, however brief, will do it though that’s off the top of my head…
I can’t see any reason why not.
Do you have a particular case in mind? In most cases you aren’t really ‘regaining’ an initial right of residence as much as losing whatever right of residence you used to have and would be better off treating it as a temporary absence.
A day trip?
Couldn’t that be applied to everyone?
i was thinking that the initial right of residence is only useful for access to housing (in Scotland) but so for someone who loses their RtR as a jobseeker after failing GPOW, then they become destitute as have access to nothing with no RtR.
But if they leave and re-enter, do they gain initial right to reside again and therefore a right to homelessness assistance - in Scotland (as this is a qualifying RtR for access to housing)?
I think my brain has gone into overdrive sorry…
I would imagine that you have specific regulations dealing with that scenario. The JSA regs have something like that to stop someone re-claiming as an EEA jobseeker without spending x amount of time abroad.