Permanent right of residence after 5 years for EEA nationals

I’ve had 2 similar cases come along this week, both EEA nationals who are not currently able to work or claim JSA, nor would qualify for ESA, and who would otherwise fit into one of the groups of people who can claim Income Support if it were not for potential right to reside issues. It appears that the only way that both may have the right to reside for Income Support, and through which both may indeed qualify for is through having acquired 5 years permanent legal residence - one worked continuously for a 5 year period themselves before becoming unable to work, and one by the age of 21 had been the dependent of an EEA national who was continuously self employed for 5 years.

I have never needed to use this before - is it just a case of submitting proof of the 5 years of employment/family members self employment to the DWP, or does something first need to be applied for from the home office such as when someone applies for indefinite leave to remain?

Hi Krissie-

If you can prove they resided here for 5 years that should do it. EU law rights do not arise because the Home Office grants them.

Great, thanks for the response.