Lucky576 wrote:So if eea national left work voluntary for 6 months( for pregnancy and baby)and start another job after that how can we cover that period? I mean whats the tolerance (grace period)in EU law for continuously exercising treaty ?
For example work for 2 years left for 6 months(no maternity paid ) just left the job for 6 month and than start with new employ .
Is that continuity of 5 years been broken or EU law will take 6 month as exercising?
Copy/paste from What do they know website: https://www.whatdotheyknow.com/request/eea_residency_requirement_evalua?unfold=1#incoming-224237
2) Does UKBA have policy relating to working EU citizen who quits her
job or is fired because she is pregnant or who quits her job after the
birth of a child in order to care for the child. Is she deemed to be a
jobseeker, disabled, not a "qualified person", or is it handled in some
other way? Does it depend on whether she qualifies for Statutory
Maternity Pay? How long does each policy apply? (This has an impact on
both length of legal residence calculations for permanent residence, as
well as right of residence for family members).
Home office reply:
There are a number of variables quoted here.
If an EU citizen has left her her job due to pregnancy or quits after
the birth of a child in order to become a full time carer then she is no
longer classed as a qualified person under the definition of 'worker' as
defined by the Immigration (European Economic Area) Regulations 2006.
This is because she will not be actively seeking work. However, she may
be in a position to be regarded as a qualified person on the basis of
self-sufficiency as long as evidence of self-sufficiency can be provided
as detailed on regulation 4(1)(c).
A woman who has stopped work temporarily because of pregnancy or
childbirth will continue to be classed as a worker as along as she
remains subject to a contract of employment.