Hello

I hope someone can help, I have a Portuguese client who came to the UK february 1999. When he arrived he found f/t employment and paid tax and N.I contributions, he had a citizen card issued to him but this expired 2005, he didnt renew as felt no need (as portugal part of EU).

He opened his own business with his wife in April 2004 until November 2006, he stopped trading as business was insolvent and there was considerable debt. Unfortunately the family did not pay tax at this time and were 'taking money out of the till' due to the debt they were in.

The family have no income, Mr. Rocha made claim for I.S and INCAP B. on 22 Feb 07 (he is now unwell and provided med 3). He was turned down as Jobcentre decided that from Feb 07 he is not habitually resident as he is not a qualified person as defined by reg 6(1) or (2) or (3) of the immigration (EEA) Regs 2006.

The info I have on this isn't very up-to-date (I know how these regs tend to change on a regular basis!), and I just wondered if anyone had had any recent Portuguese clients in a similar position? Any assistance would be gratefully received?


Sarah

Client has a permanent right to reside in the UK on the basis that he was resident in accordance with the 2000 I(EEA) Regs for 5 years.

His right to reside under these regs for that period is shown by his residence certificate for that period. Or his right to reside was initially as a worker and then as a self employed person for a period of over 5 years.

For the conditions on permanent right to reside see:

Reg 15(1) of the 2006 Regs. Also note that Para 6 of Schedule 4 treats periods of lawful residence under the 2000 Regs (for counting the 5 years) as spent under the 2006 Regs.

For the 2000 Regs note:
1. Reg 5(1)(a) makes a worker a qualified person.
2. Reg 5(1)(b) makes a self employed person a qualified person.
3. Reg 14(1) gives a qualified person a right to reside in the UK.

Also to run it just with the residence certificate (ie Sec of State for DWP cannot go behind the back of the residence certificate then see Raulin and other ECJ decisions to that effect).

Thank you very much for this, is a great help.