defination of settled person ?

[irfan99]

Hi everyone

Can someone please tell me what is the defination of " settled person " in UK ?

If a Czech national, living in UK from last 3 years and working continusly from last 2 years, would she be conisder a settled person in UK ?

there are two defination on ukba website and bit confusing,

Settled
You are normally resident in the United Kingdom with no immigration restriction on the length of your stay. To be free of immigration restriction you must have the right of abode or indefinite leave to enter or remain in the United Kingdom.

Settled status
You are normally resident in the United Kingdom with no immigration restriction on the length of your stay. To be free of immigration restriction you must have the right of abode or indefinite leave to enter or remain in the United Kingdom


Regards.
Irfan

[Obie]

In the scenerio you have painted above. The Czech national is not present and settled.

To be considered as present and settled, an EEA national is expected to have been exercising treaty rights for a complete 5 year period, which does not seem to be the case here.

[Directive/2004/38/EC]

In the scenerio you have painted above. The Czech national is not present and settled.

To be considered as present and settled, an EEA national is expected to have been exercising treaty rights for a complete 5 year period, which does not seem to be the case here.

Given the UKBA quotes above, I do not see how the person could not be considered settled. Any references?

[vinny]

2.

[Obie]

Thanks Vinny. I am sure that link answers your question. Our very dear Vinny beat me to it

[Directive/2004/38/EC]

Which part of The Immigration (European Economic Area) Regulations 2006 are you referring to vinny?

Settled is not defined here or even mentioned.

[vinny]

Persons not subject to restriction on the period for which they may remain.

[Obie]

SEE PRESENT AND SETTLED

2.—(1) For the purposes of the 1971 Act and the British Nationality Act 1981(2
), a person who has a permanent right of residence under regulation 15 shall be regarded as a person who is in the United Kingdom without being subject under the immigration laws to any restriction on the period for which he may remain.
(2) But a qualified person, the family member of a qualified person and a family member who has retained the right of residence shall not, by virtue of that status, be so regarded for those purposes.