I am a German citizen, I came to the UK in 1986. For the first 4 years I was self sufficient, but without health insurance. In 1990 I became a jobseeker and claimed income support and housing benefit.This claim was unbroken until 1997, when I became ill and claimed income support because of sickness. In 2006 I was given a social housing flat. The illness became permanent and in 2013 I was moved from income support to ESA. The same year I also started claiming DLA. I never had to do the habitual residence test, or have been questioned about my immigration ystatus by the DWP. I do fulfill all the conditions and tests for ESA , DLA and Housing Benefit.
Did I acquire permanent residence back in the 90s, when I was an active Jobseeker for seven years?

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Public Answer: 

Thank you for your question.

“Qualified persons” is defined in Regulation 4, 5 and 6 of The immigration (European Economic Area) Regulations 2006 and this includes workers and jobseekers, self-employed, students, self-sufficient and retired persons. Those European citizens who have been unemployed, incapable to work or claimed public benefits in the UK may still fall under category of qualified persons.

Given your circumstances it is likely that you will need professional legal advice when you apply for your PR Card.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

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