Jobseekers Allowance - does it affects EEA4 application?

Hello,

I am currently on an EEA 2 residence visa as the spouse of an EEA national (dual Irish and British) exercising a treaty right (category self employed) in the UK.

For my future EEA4 permanent residence application, there would be some gaps in employment for my EEA spouse. The EEA4 application states that we would need to provide evidence of continuous employment during the 5 year qualifying period.

Would claiming job seekers allowance during these gaps affect my EEA 4 application negatively?

Thanks,
Pasha

[b] Public Fund Rules for EEA national[/b] wrote:
The effect of public funds on an EEA national's right of residence and their eligibility to
obtain a registration certificate
EEA nationals who are residing in the UK should generally be able to support themselves
without help from public funds. EEA nationals who are exercising Treaty rights in the UK as
workers, self employed persons or work seekers are able to claim public funds without their right
of residence being affected. Caseworkers should note that a worker or self employed person
would include someone whom had temporally ceased their economic activity in the UK due to
involuntary redundancy or illness.

In a nutshell, your application will not be affected.

You husbands right of residence is not affected by the jobseekers allowance, therefore yours will not be affected either.

Thanks Obie for your reply.

I did read this but it applied to the right of residence for the EEA national as opposed to the non-EEA national. Does this distinction have any bearings?

From my research, there are two types of job seekers allowance, and that income based JSA would affect applications however, JSA linked to NI contributions would not. Are you aware if this is correct?

Thanks for your time,
Pasha

You derive your right of resident in the UK from your EEA husband, therefore any rights awarded to him is automatically awarded to you also.

This is stipulated in Article 23 & 24 of Directive 2004/38 EC.



EEA nationals who are Jobseekers and only recently entering a member state are allowed to import their benefit into the UK through the department of works and pension, until they become qualified for local benefits. After their qualifying period, they can apply for Income based Jobseekers allowance. It is vital to note that, they might be considered as people who are unreasonable burden to the state, for an extended period. However if they can demonstrate they are actively searching for job, and have a realistic chance of securing one, they will be fine.

In regards to a worker or self employed EEA national, they are allowed supplement benefit or benefits like any British National, if they become involuntary unemployed or due to sickness, and this will have no bearing on their's or their non-EEA family member's right of resident.

To reiterate, your application will not be affected, and you will not be penalised because your husband claimed benefit in the past.

Thanks Obie.

Regarding the gaps in employment during the 5 year qualifying period - do we need to do anything to cover ourselves so to speak? I am thinking for these gaps, it is advisable to get comprehensive sickness cover and register with a job centre to provide evidence of seeking employment?

If it is advisable to get comprehensive sickness cover, from my research I am not sure whick provider and or policy is acceptable by the Home Office, their webiste is very vague on this issue. Are there any you know of?

Thanks,
Pasha

You don't need comprehensive health insurance at all. Your husband is considered a worker , during employment, and in the period when he was involuntary unemployed. This is also the case for Self-Employed people.

Under EU law, you are allowed 6 months absence in a every calender year up to the time of your permanent resident application, and this will not impact your application.

The gaps are fine, as long as they don't exceed 6 months in each year over the last 5 years.

Relax, i don't think there is any need for concern.