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Hi All,

We have a confusion regarding EEA3 application,Actually my wife EEA national came to uk in may 2006 and she got a job in september 2007.Since that she is working for the same employer.
Now we want to apply for her EEA3 application(PR) as she been here for five years.
the first year as a job seeker(she did not claim any benefits)
and 2007 to onwards (4 years)employed.
Can we apply for EEA3 as (1 year job seeker plus 4 years employment)?

& how can we prove that first year she was looking for job?

Thank you so much for your time & help.

Arguing to have been a job-seeker for over one year will be quite a challenge. Was her unemployment registered?

86ti wrote:Arguing to have been a job-seeker for over one year will be quite a challenge. Was her unemployment registered?

No,she did not register anywhere,but she been applying for jobs time to time but we dont have any record of that job search,As it was not in mind that she need to keep it.
so what is the best catagorey we can apply under?
Actually she worked for sometime as a carer but it was not on NI and it was cash in hand job.

So simply put she appears to not have been lawfully resident until Sep 2007 unless she had CSI and can claim self-sufficiency. That should give you an idea when the earliest possible day for application will be.

86ti wrote:So simply put she appears to not have been lawfully resident until Sep 2007 unless she had CSI and can claim self-sufficiency. That should give you an idea when the earliest possible day for application will be.

But under job-seeker catogery there is no time limit as you said in one previous post that someone can be job-seeker even more than 6 months.As it is not mentioned in directive that how long can you claim job-seeker status.

She obviously cannot prove that she was indeed a job-seeker which effectively means that she was not one. The onus on proof is on her.

If you can prove that she was genuinely seeking employment, you can claim she was a job seeker. Did she attend interviews? Can she prove that? Were she looking for a position in a very specific field that require special skills which would explain why it took her so long to find a job?

If she started working in 2007 in McDonald's (just as an example), it would be difficult to claim she was job seeker for one year without finding employment.

How did she manage to maintain herself during that time? The UKBA will likely see this as an attempt to avoid having CSI as self-sufficient.

Jambo wrote:If she started working in 2007 in McDonald's (just as an example), it would be difficult to claim she was job seeker for one year without finding employment.

I am not so clear on this, and also 86ti's earlier comments. I would argue that there is a lot of flexibility here.

To be a jobseeker, you have to be
(1) actively looking for employment, and
(2) likely to get employment in the end.

Lets take a hypothetical of a computer person who comes to the UK and looks for work and then after a year takes a job at McDonalds.

First off they have been looking for work, and they will need to produce evidence of this. They could write an affidavit which lays out what they were doing to seek a job. And provide evidence of who they contacted, who they sent resumes to, who they got rejections from, who they did not hear from.

Second they need to be likely to get employment in the end. In this case they did get employment in the end, so I think this requirement is satisfied. Note that there is not the requirement that "they are likely to get employment with a specific job title", and in the "modern flexible economy" that governments in the UK and most countries want to achieve this would be unrealistic.

Anyone have references to the ECJ case law on jobseekers?

Directive/2004/38/EC wrote:

Jambo wrote:If she started working in 2007 in McDonald's (just as an example), it would be difficult to claim she was job seeker for one year without finding employment.

I am not so clear on this, and also 86ti's earlier comments. I would argue that there is a lot of flexibility here.

To be a jobseeker, you have to be
(1) actively looking for employment, and
(2) likely to get employment in the end.

Lets take a hypothetical of a computer person who comes to the UK and looks for work and then after a year takes a job at McDonalds.

First off they have been looking for work, and they will need to produce evidence of this. They could write an affidavit which lays out what they were doing to seek a job. And provide evidence of who they contacted, who they sent resumes to, who they got rejections from, who they did not hear from.

Second they need to be likely to get employment in the end. In this case they did get employment in the end, so I think this requirement is satisfied. Note that there is not the requirement that "they are likely to get employment with a specific job title", and in the "modern flexible economy" that governments in the UK and most countries want to achieve this would be unrealistic.

Anyone have references to the ECJ case law on jobseekers?

Thanks all and especially ''Directive/2004/38/EC" it gives a bit relief.
If there is any example similar to this situation it would be really helpful.

Jambo wrote:If she started working in 2007 in McDonald's (just as an example), it would be difficult to claim she was job seeker for one year without finding employment.

My point was that you need to prove that you were actually looking for a job. Sure, if you ended up working for McDonald's because you could not find a job in your profession, that a different story.

For me it seems (and I might be wrong here) that the OP is trying to use the job seeker route to avoid the need for CSI and qualify for PR now. If I were seeking jobs for one year, I would have expected to have a long paper/email trail to prove it.

I would expect the HO to challenge a job seeker claim for one year if you were applying for jobs from time to time but this depends on the circumstances of course.

Jambo wrote:I would expect the HO to challenge a job seeker claim for one year if you were applying for jobs from time to time but this depends on the circumstances of course.

imraniqbal2010 wrote:No,she did not register anywhere,but she been applying for jobs time to time but we dont have any record of that job search

If you cannot come up with a better story for the UKBA your will most likely be turned down.

imraniqbal2010 wrote:Actually she worked for sometime as a carer but it was not on NI and it was cash in hand job.

Which means that she didn't report it to HMRC?

86ti wrote:

Jambo wrote:I would expect the HO to challenge a job seeker claim for one year if you were applying for jobs from time to time but this depends on the circumstances of course.

imraniqbal2010 wrote:No,she did not register anywhere,but she been applying for jobs time to time but we dont have any record of that job search

If you cannot come up with a better story for the UKBA your will most likely be turned down.

imraniqbal2010 wrote:Actually she worked for sometime as a carer but it was not on NI and it was cash in hand job.

Which means that she didn't report it to HMRC?

Is it not the responsibility of employer to inform hmrc??

Right, the employer would do that. So correcting my question: was her work reported to HMRC? If so, why was she not a worker for that period of time?

86ti wrote:Right, the employer would do that. So correcting my question: was her work reported to HMRC? If so, why was she not a worker for that period of time?

Her employer did not inform as she did not receiv p60 or p45,

the best thing will be to waite a little and apply for PR in september 2012 when exactly she will have a 5 year work history.

ta

Punjab wrote:the best thing will be to waite a little and apply for PR in september 2012 when exactly she will have a 5 year work history.

ta

I know that's the best thing to apply but what I want to know is that there is no provision how you can show as a job-seeker??

imraniqbal2010 wrote:

Punjab wrote:the best thing will be to waite a little and apply for PR in september 2012 when exactly she will have a 5 year work history.

ta

I know that's the best thing to apply but what I want to know is that there is no provision how you can show as a job-seeker??

Did't she know that she is not paying tax for job she was doing?
If someone was paying me by cash I'm sure i will know that there is no tax and NI on it unless she was registered as self-employed. Was she? If she was I'm sure she still can pay tax for that period, if not i think she should wait another year.