EEA nationals who reside in the UK for more than 3 months must be exercising free movement rights. In doing so, they are classed as a qualified person.
A qualified person is defined in regulation 6 of the regulations as an EEA national that is living in the UK as a:
- jobseeker
- worker
- self-employed person
- self-sufficient person
- student
An EEA national can change the basis of their stay in the UK. For example, if they enter the UK as a jobseeker, then take employment and become a worker. In such cases, the EEA national can count both periods towards the 5 year qualifying period for permanent residence.
An EEA national claiming benefits in the UK would continue to be considered a qualified person if they were:
- A worker in receipt of top-up funds or tax credits for low income
- An EEA national working in the UK who has become temporarily unemployed (due to incapacity or involuntary unemployment) and is claiming public funds. A worker would still be considered temporarily incapacitated for as long as a doctor confirms that they cannot work but have the intention to do so. We would expect this to be for no longer than six months, although there may be cases where this could be extended (for example if we believe the EEA national has a reasonable prospect of returning to work or finding a job).
In certain circumstances, EEA nationals who have ceased employment due to retirement or permanent incapacity would still have a right to reside in the UK.
