nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
|
RE: Client living in UK since 1990 - no permanent RTR?
Thu 14-May-09 03:33 PM |
Regulation 14(1) of the 2000 regulations states “a qualified person is entitled to reside in the United Kingdom, without the requirement for leave to remain under the 1971 Act, for as long as he remains a qualified person”.
The 2000 Regulations were revoked in their entirety by the 2006 regulations. However there is a savings provision in the 2006 regulations in schedule 4 paragraph 6, which states “any period during which a person carried out an activity or was resident in the United Kingdom in accordance with the 2000 Regulations shall be treated as a period during which the person carried out that activity or was resident in the United Kingdom in accordance with these Regulations for the purpose of calculating periods of activity and residence under these Regulations”.
So my view is that a period where a person is a qualified person can begin before October 2000, which is when those regulations came into force, in calculating the five years.
I’m not sure I understand the CA’s reference to the ECJ but, then again, I’ve not read that case. Obviously, I’ll need to rectify that.
|