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Legal loophole for Permanent Residence?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Legal loophole for Permanent Residence?

Post by fysicus » Thu Jun 09, 2011 8:34 am

Browsing through The Immigration (European Economic Area) Regulations 2006 for another reason, I noticed that Regulation 15 is very loosely worded, attaching hardly any conditions on the right of permanent residence.
Permanent right of residence
15.—(1) The following persons shall 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;.
(I left out bits that are not relevant for this post).

So what about the following scenario: as an EEA national you find a job in the UK, you work there for let's say a year or so, then quit your job and spend your time enjoying daytime television instead. And as a result you and your family members have acquired PR, and you send in your EEA3 and EEA4 forms to get confirmation.
And of course, after having acquired PR nothing stops you to engage in any economic activity, for example finding a new job.

I am fairly sure that the EU directive has such provision to protect people who are sacked or (involuntarily) retire, but it seems to me that the UK implementation as quoted above allows any reason for ceasing activity, voluntarily or not, setting the door wide open for abuse.

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Thu Jun 09, 2011 10:09 am

A "worker or self-employed person who has ceased activity" is a term defined in Regulation 5.

http://www.legislation.gov.uk/uksi/2006 ... ion/5/made

It refers to ceasing activity through retirement or incapacity, basically. No daytime TV, unfortunately.

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Thu Jun 09, 2011 10:25 am

Oh silly me, I should have checked that first of course. Thanks for pointing this out!

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Jun 09, 2011 11:55 am

But "daytime TV" definitely causes one to cease productive working activity... :D

Rolfus
Member
Posts: 183
Joined: Sun Sep 12, 2010 4:53 pm
Location: Europe
European Union

Post by Rolfus » Thu Jun 09, 2011 11:20 pm

civis europeus sum

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