#13640 - Eea Nationals - Immigration

Regulation 6 qualified persons

Job seeker

• Defined in 6(4)

• (a) entered UK in order to seek employment; or

• (b) is now present in UK seeking employment immediately after enjoying right to reside as a qualified person in another category

• Might provide evidence showing genuinely seeking employment and good chance of getting it

• Duration (6(7)): no longer than 6 months unless can provide compelling reasons/evidence and that continuing to look for work and good chance of getting it

• Reg. 6(8) allows 6 month periods over multiple occasions but not exceeding one. He must be absent from UK then re-enter. Absent for 12 months continuous or more – will be able to enjoy fresh status again. If less than 12 months then compelling reasons, evidence of employment prospect.

Worker

• Defined in Reg. 4(1)(a), cross reference with Art 45 free movement of workers

• Employment could be part time (Levin v SoS for Justice [1982]) but not activities on small scale

• Reg. 6(2) EEA national who has worked in the UK but is currently not working may in certain circumstances still be classified as worker.

• Definition of worker ceasing activity is Reg. 5(2)-(5) such as EEA national residing more than 3 years and worked at least 12 months before ceasing activity. Also EEA national who resided in UK for at least 2 years before termination of work or self-employment due to permanent disability. IMPORTANT AS SUCH PERSON MAY STILL ACQUIRE PERMANENT RESIDENCY.

• Temporarily unable to work (6(2)(a)) and permanent incapacity (5(3))

Self employed

• Defined in Reg. 4(1)(b), cross reference with Art. 49 freedom to establish

• Reg. 6(3) EEA national unable to work temporarily due to illness, accident still retains status of self employed

• Definition of self-employed ceasing activity Reg. 5(2)-(5)

Self-sufficient person

• Defined in Reg. 4(1)(c)

• EEA national who has:

1. Sufficient resources not to become a burden on the social assistance system of the UK during his period of residence

2. Has comprehensive sickness insurance cover in the UK

• Resources supplied by another person can be considered (Commission v Belgium [2006])

• Reg. 4(4) person’s resources regarded as ‘sufficient’ if they exceed maximum level of resources which UK national and family member may get under benefits

• What if EEA national claims income support or JSA – unreasonable burden?

UK Government should carry out proportionality test, recital 16 2004 directive suggests following questions:

1. Duration

• How long is the benefit being granted

• Is it likely that EEA citizen will get out of the safety net soon

• How long has the residence lasted in the UK

2. Personal situation

• What is the level of connection of EEA citizen and family members with UK society?

• Are there any considerations pertaining to age, state of health, family and economic situation that need to be considered?

3. Amount

• Total amount of aid granted?

• Does the EEA citizen have a history of relying heavily on social assistance?

• Does the EEA citizen have a history of contributing to the financing of social assistance in the UK

Student

Reg. 4(1)(d), student is:

1. Enrolled, for principle purpose of following a course of study, at public or private establishment which is financed from public funds, or otherwise SoS as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the UK in which establishment is located;

2. Has comprehensive sickness cover in UK

3. Assures SoS, by a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become burden on social assistance system of UK.

1. Spouse or civil partner (marriage or civil partnership of convenience concerns page 47)

2. Direct descendants (children, grandchildren, etc) of him, his spouse or his civil partner who are –

1. Under 21, or

2. Dependants of him, his spouse, or civil partner

3. Dependant direct relatives in his ascending line (parents, grandparents, etc) or that of his spouse or his civil partner

Exception for family members of student after 3 months

• After residing in the UK as student for 3 months

• Family members only include i) spouse and civil partner and ii) his dependent children or those of his civil partner.

1. A person who is a relative of an EEA...