You need to be a subscriber to see this page Log in if you're already a subscriber or view our subscription options Log in View our subscription options Go to 1. Introduction Overview of when you have a right to reside 2. British, Irish and Commonwealth citizens Irish citizens 3. The EUSS Moving from pre-settled to settled status Benefit entitlements Pre-settled status 4. Protected groups that can have European free movement residence rights 5. European free movement residence rights Free movement residence rights checklist Legal sources of European free movement residence rights 6. Croatian, A2 and A8 nationals 7. Initial right of residence 8. Jobseekers Who has a right to reside as a jobseeker How long you have a right to reside as a jobseeker Providing evidence Employment you must seek and have a genuine chance of obtaining If you have not claimed jobseeker’s allowance Benefit entitlement 9. Workers Who has a right to reside as a worker Guidance for decision makers Employment relationship What counts as remuneration Working under the direction of another person Cash in hand, agency and trafficked work Genuine and effective, not marginal and ancillary Number of hours worked Duration of the employment Level of earnings Irregular or erratic work Other employment rights Work of economic value to the employer When you cease to be a worker Benefit entitlement 10. Self-employed people Who has a right to reside as a self-employed person When you become and cease to be self-employed When you become self-employed When you cease to be self-employed Pregnancy Benefit entitlement 11. Retaining worker or self-employed status You are involuntarily unemployed and registered as a jobseeker Involuntary unemployment Registering as a jobseeker How long you can retain worker or self-employed status while involuntarily unemployed You have started vocational training Training related to your previous employment or occupation You are temporarily unable to work because of an illness or accident As a result of an illness or accident Temporary inability to work You are pregnant or have recently given birth Stopping work during the late stages of pregnancy or after childbirth If the basis on which you retain your worker or self-employed status changes Gaps Benefit entitlement 12. Self-sufficient people and students Sufficient resources Source of the resources Not a burden on the social assistance system Comprehensive sickness insurance Self-sufficient students Family members Benefit entitlement 13. Family members of EEA nationals Who is a family member Spouses and civil partners Aged under 21 Dependent Extended family members Family members of British citizens The British citizen has resided in another state The British citizen also has citizenship of an EEA state Former family members who retain their right to reside EEA Regulations EU Directive 2004/38 Check for other residence rights Benefit entitlement 14. Derivative residence rights Who has a derivative right to reside Who is an exempt person Child in education of a worker or self-employed person Who is in education Who is a worker or self-employed person Absence of the child from the UK Primary carer of a worker’s or self-employed person’s child in education Who is a primary carer Does the child require your residence in the UK? Primary carer of a child who is self-sufficient Primary carer of a child with a permanent right to reside Primary carer of a British citizen Child of a primary carer Other derivative rights Benefit entitlement 15. Permanent right to reside Permanent residence after five years Resided legally Periods before 30 April 2006 Jobseekers Initial right of residence Family members Former family members Non-EEA nationals Derivative right to reside Continuity of residence Absence from the UK Gaps while in the UK Gaps after five years Permanent residence in less than five years What can be treated as a period of work Residing in the UK Family members Loss of permanent right to reside Benefit entitlement 16. Frontier workers 17. Other European freedom of movement residence rights ← Previous 3. The right to reside Next → 1. Introduction
