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EEA3 (PR): Are Treaty rights affected by JSA
Posted: Tue Sep 28, 2010 11:51 am
by ammirza
Guys, a general question:
During 5 years of your continuous stay, if you have taken income-based job seeker allowance for around 4 months because of redundancy, how should you mention that period of 4 months in your EEA3 application and would that have any impact on getting PR?
I believe that as an eea national, you can get job seeker allowance for a period of upto 6 months if you are actively seeking job, am I right?
Thanks in advance
Posted: Tue Sep 28, 2010 12:49 pm
by 86ti
Contribution based JSA is ok. Income-based JSA is a social benefit as far as I know. So that may count against you. But unless the HO believes that you have been an unreasonable burden to the UK that may be fine. However, I do not know how HO would see it. You can only try and see.
Posted: Sat Oct 09, 2010 3:00 pm
by ammirza
Will I be needing to send any documentation related to JSA as well?
What if PR gets refused, do you have right to appeal or could you reapply again at later stages?
Posted: Tue Oct 12, 2010 8:51 am
by 86ti
ammirza wrote:What if PR gets refused, do you have right to appeal or could you reapply again at later stages?
You can appeal and you can apply at any later stage when you feel that you fullfil all criteria for PR.
Posted: Tue Oct 12, 2010 12:35 pm
by Obie
I don't think this 4 months of involuntary unemployment should be an issue at all as it is provided for in EU law (Directive) and Caselaws. The 6 months jobseeker requirement, is usually applicable to people who have never entered the labour market.
You are allowed to be out of the UK six months in every year over the five years perion, without your residency being affected. Therefore, you are not strictly speaking required to provide evidence covering 5 years of economic activity without break.
In any case a right of appeal is an available option.