EEA4 appilcation and unemployment

[dinushka]

hi members,
I have to apply my EEA4 application in start of Dec 2014. I'm on RoR after divorce with EEA national for last 14 months. I have been working in a well know supermarket chain, for last 4 years. For end of May 2014, I'm very sick. I had an operation in UK in end of May. After that operation I'm having very severe pain. I been admitted in hospitals in UK for 4 to 5 times after this operation in month of June. But pain was not going away, and doctors were keep sending me home with simple painkillers. Then I came down to my home country for some urgent and private medical treatment. Which I'm having now.

I don't know when I will be able to go back in UK. I have extended my ticket till middle of Oct. I have spoke with my company and informed them about my situation. They said that i will have to produce Sick notes from my GP, untill I come back to work, otherwise they will terminate my job contact.

the Question is this, that in case, if they terminate my job contract end of this month July. then till start of December, i will have left 4 months and few days to apply EEA4 application. And if I will come back to UK in mid of Oct and don't find any job till start of Dec. Can I apply my EEA4 application? does this unemployment period of 4 month and few days will affect my EEA4 application?

I will very be thankful of you guys if you can give me answer of this complicated question.

[dinushka]

I will be thankful of senior members, if they can share their knowledge with me, regarding my question.

[Amber]

In such circumstances a family member retains a right of residence if:
(a) S/heisanon-EEAnationalbutispursuingactivitywhichwouldmake him/her a worker or a self-employed person if s/he were an EEA national,
(b) S/heisaself-sufficientperson,or
(c) S/heisthefamilymemberofapersonintheUKwhoiseitheraworker,
self-employed, or is a self-sufficient person.

Given that one can continue worker status during temporary incapacity, that may be argued. Additionally, one is allowed absences up to 6 months per 12 month period for the period to be considered continuous.

[Obie]

In such circumstances a family member retains a right of residence if:
(a) S/heisanon-EEAnationalbutispursuingactivitywhichwouldmake him/her a worker or a self-employed person if s/he were an EEA national,
(b) S/heisaself-sufficientperson,or
(c) S/heisthefamilymemberofapersonintheUKwhoiseitheraworker,
self-employed, or is a self-sufficient person.

Given that one can continue worker status during temporary incapacity, that may be argued. Additionally, one is allowed absences up to 6 months per 12 month period for the period to be considered continuous.

Not sure the temporary incapacity is applicable to non-EEA national seeking to secure PR following a retention of residence

[dinushka]

So, what is the conclusion guys? what you will say about my situation? I did not understand what you meant.

[dinushka]

so does anybody know something about my situation? Because i really need to know about my situation.