Immigrationboards.com

Posted: **Sat Sep 19, 2015 9:51 pm**

Hello,

the original formulation of article 6(2-3-4) of the The Immigration (European Economic Area) Regulations 2006 were as follows:

“Qualified person”

6.—Worker
(2) A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—

[...]

(b)he is in duly recorded involuntary unemployment after having been employed in the United Kingdom, provided that he has registered as a jobseeker with the relevant employment office and—

(i)he was employed for one year or more before becoming unemployed;

(ii)he has been unemployed for no more than six months; or

(iii)he can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged;

[...]

(4) For the purpose of paragraph (1)(a), “jobseeker” means a person who enters the United Kingdom in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged.

The amendment introduced 3.12.2013 have modified the interpretation of retained worker status and jobseeker:

“(2A) A person to whom paragraph (2)(ba) applies may only retain worker status for a maximum of six months.”;

and:

(7) A person may not retain the status of a worker pursuant to paragraph (2)(b), or jobseeker pursuant to paragraph (1)(a), for longer than six months unless he can provide compelling evidence that he is continuing to seek employment and has a genuine chance of being engaged.”

For the purpose of counting periods of unemployment as exercising treaty rights matured before 2014 (and only for that period), will the new regulations apply or the old one?

Ref:
http://www.legislation.gov.uk/uksi/2006/1003/made
and:
http://www.legislation.gov.uk/uksi/2013 ... 032_en.pdf

Looking forward to your valuable feedback. Links to previous thread will also be appreciated.

Posted: **Sun Sep 20, 2015 7:32 am**

I am not a lawyer, but I can not see the amendments being applied retrospectively, if that is your question.

If you complied with the law as it stood at that point in time, it would be improper to make previously legal conduct illegal retrospectively.

Posted: **Sun Sep 20, 2015 7:51 pm**

Thank you for your reply secret.simon.

If this is the case what happens with the period before 30th April 2006, when the original law came into effect?

The previous legislation was the Immigration (European Economic Area) Regulations 2000. Would these regulations apply to periods 2000 to 2006?

The reason I ask is because I was in the country already in 2000. The concept of Permanent right of residence wasn't even there in 2006.

Thank you.

Posted: **Sun Sep 20, 2015 11:13 pm**

rooibos wrote:Would these regulations apply to periods 2000 to 2006?

Which regulations are you referring to here? As you pointed out, the Immigration Regulations 2000 would have applied between 2000 and 2006. The 2006 Regulations repealed the 2000 Regulations and replaced them.

rooibos wrote:The concept of Permanent right of residence wasn't even there in 2006.

Correct. From 2000 to 2006, you would have been a temporary worker under the Immigration Regulations of that time, unless, before 2000, you had applied for ILR on arrival in the UK.

But any period that you have exercised treaty rights in the UK between 2000 and 2006 would count for the purpose of PR (see Schedule 3 of the 2006 (current) Regulations).

Posted: **Mon Sep 21, 2015 8:53 am**

Thanks secret.simon. As I pointed out in another thread I have lost most of the documentation between 1999-2006, which incidentally was the strongest period in terms of employment record. Pity!

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