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DWP v Dias - can residence under a residence permit contribute towards the 5 years needed by the "right to reside" test?

A period of residence which is legal solely on the basis that a Residence Permit has been issued cannot count towards the 5 years of continuous residence needed to meet the so-called "right to reside" test (under EU Directive 2004/38) if it does not meet the conditions specified for that test (because, for example, the person concerned was voluntarily unemployed).  

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