Living in the UK for 20 years while claiming benefit

[tmonaghan]

Hello,

I would like to know if it possible for EU Citizens to apply for permanent residency cards based on the length of the residency that has been 20 years.

EU application forms do not include people claiming benefits and the latter would like to apply for their residency card because he has been relying from Benefits for many years.

Is there some way to still apply for one whilst taking into consideration the fact that he cannot show that he has been a qualified person since 2004?

Thank you,

Trevor

[Casa]

Does he have an unbroken period of 5 years where he was exercising his Treaty rights? i.e, through employment? Or if studying or self-sufficient, with comprehensive sickness insurance (CSI)

When you mention 'relying on benefits', what exactly has he been claiming?

[tmonaghan]

Thanks Casa, I am in the process of asking for more information. Let's say that he has not been working since he was diagnosed with HIV and he is claiming housing benefits and income support. I will know more about it later. cheers, Trevor

[secret.simon]

Merely living in the UK, for however long, does not provide EU citizens with residency rights under EU law.

However, if he was working in the UK before he "ceased activity", he may qualify.

15.—(1) The following persons acquire the right to reside in the United Kingdom permanently—
...
(c) a worker or self-employed person who has ceased activity;

(d) the family member of a worker or self-employed person who has ceased activity, provided—

• (i) the person was the family member of the worker or self-employed person at the point the worker or self-employed person ceased activity; and
  (ii) at that point, the family member enjoyed a right to reside on the basis of being the family member of that worker or self-employed person;

(e) a person who was the family member of a worker or self-employed person where—

• (i) the worker or self-employed person has died;
  (ii) the family member resided with the worker or self-employed person immediately before the death; and
  (iii) the worker or self-employed person had resided continuously in the United Kingdom for at least two years immediately before dying or the death was the result of an accident at work or an occupational disease;

...

[tmonaghan]

Thanks secret.simon, simply put he is scr*w*d... I told him that if he had not been working or else for at least five years exercising his Treaty Rights; he would very likely leave the UK after Brexit. Given that he can receive as much health care in Holland as he already receives in the UK a the moment. Mrs May last week mentioned that she would be committed to allow those with permanent residence to remain in the UK and to also include those who have been exercising their Treaty rights even if they have not yet met the five years requirement. But the EU Parliament said that it is not enough... So expecting better protection for EU Citizens in the horizon... Fingers crossed...

[tmonaghan]

I was thinking that since he has never been exercising his Treaty Right since 2004 in compliance with the Directive 2004/38/EC; he could apply for a Visa under the UK Immigration rules?

[Obie]

You are providing hypotheticals, it helps to provide a full and clear picture, the proper advice can be given.

The fact that he is receiving income support may well be because he has a right of residence.

Mrs May is a woman is politically walking dead, just waiting in a political death row.

He should not worry much about Mrs May, her main priority is her political life and not your friend. However a full picture of his activities in the UK will be helpful.

[tmonaghan]

Thanks Obie, I told him to register with the forum and to submit his issue on here, it would be much easier for everyone involved.