Please help me......

[manolesta]

Hy guys,

on 2nd of May, it has been5 years my wife and I living in Uk.
My wife is non EEA, so next week I was about to send my EEA PR and my wife EEA PR (5 years of treaty right).
I did a very big mistake: I have just been fired yesterday for abandoned place of work, unfortunately on Thursday felt bad at work and I left the place crying because of the stress and went home.
Yesterday back to work, but realised that I have been fired.

HAVE I LOST EVERYTHING?

I know that I have to register to the job Center in order to be jobseeker but that would be a nightmare because i would be sanctioned for ages but then I will need as well a letter from the employer for the application with the reason of leaving( I have already one copy but its dated one month ago when i was still working).

I have got the applications ready with 5 years of treaty rights just to put in a envelope, but this happen to me........can i send it as it is with my last payslip of yesterday, or they will call my employer to see if i am still working?

[rosebead]

I take it you were dismissed for misconduct? I do think it's a decision that is harsh and it may even be an unfair dismissal (which you can sue for) if the manager did not follow company disciplinary procedures or if you have a disability like a mental health difficulty. However, you can still register at the job centre but you will probably be sanctioned for several weeks before you can receive JSA. I recommend that you register at the job centre regardless, because it is important for the PR applications.

If you prefer not to register at the job centre, then as long as you have funds in your bank account and you get comprehensive sickness insurance for all of your family, you can qualify as exercising Treaty rights as self-sufficient and so you would still be eligible for PR. That said, even if you did not register at the job centre straightaway or exercise Treaty rights as self-sufficient, a short gap between working and job-seeking (i.e. registering at the job centre) will not affect your worker status according to UK case law.

[manolesta]

I do not have any disability, this has just been my big mistake, and I will take my responsibilities...
So now that I have been fired, the best thing to do is :

1) Register myself as jobseeker in order to keep exercising my treaty rights( whatever the sanction will be i don't care, the important is to be in a "worker status".

2) Ask a new letter from employer ( but in the reason for leaving will appear job abandonment!)

My concern is: Will they refuse my application because the reason for leaving is "job abandonment"?That has been a misconduct....

I never feel this bad in my whole life, thanks for your help, I feel like I ruined everything one week before..
Do you think there is no way for me to apply anymore or I do not have to give up and do what mentioned above?

THANK YOU VERY MUCH GUYS FOR SUPPORTING ME IN THIS MOMENT

[rosebead]

Unless gross misconduct is considered voluntary unemployment which I'm not too sure about, you are ok for PR. Even if it is voluntary unemployment, all you have to do is get CSI for you and your family for a short period and you will be fine. Just to be sure, you were dismissed and didn't resign, right? If you are talking about a JSA application, you can still register at the job centre even if you were sacked for gross misconduct but just you won't get JSA for many weeks. The job centre will probably ring your HR to find out how you were dismissed so you don't need to produce a dismissal letter for them.

[manolesta]

Thanks for all your help!

1) Now I am going to apply for JSA in order to be a jobseeker ( to complete the 5 years of treaty right expiring on 2nd May). I know that I won t get JSA for many weeks but this is not relevant at all for me, the important is that during this week I will be considered as a jobseeker.

2) The EEA PR form requires me to provide letters from employers regarding all my previous jobs.The letter has to mention dates,salary,hours of work and reason for leaving. I have got them all,now I only need to get the one for this jobs that I have been sacked.It s not a dismissal letter for the jobcentre but it is a letter from employer that I must include in my application.

3)On Friday I handed my written notice to the manager; He accepted it but he told me that Thursday I abandoned the place of work, so that has been my last day as employee with the company( only to answer your question).

Final question:
If today I will register myself as jobseeker, will I be exercising the treaty rights until 2nd of May (that is the day I will complete the 5 years of treaty rights in UK)?

Will it be ok for me?

[rosebead]

So, is it officially a resignation or a dismissal? For example, would your former employer tell the job centre that you were dismissed or that you resigned if the job centre rings him/her? Anyway, I severely doubt that you would not get PR just because you left your job one week before you achieved PR status - it would simply be disproportionate under EU law. To be on the safe side, perhaps you ought to purchase comprehensive sickness insurance for all of your family for one week. You should certainly register with Jobcentre Plus no matter what to keep worker status if you were dismissed, although I have doubts that being dismissed for misconduct is in fact involuntary unemployment. You can't keep worker status if you resigned (voluntary unemployment) and didn't embark on vocational training straight afterwards, which is why in that situation you should get CSI. I'm not entirely sure but I think dismissal for misconduct (if that is what happened in your case) might be considered voluntary unemployment.

[manolesta]

Resignation or dismissal I am not sure but 99 % is a dismissal because that is what my manager said to me on friday in other words.( he told me you re not anymore an employee from the day after you left)

What I want is register as a jobseeker in order to be a qualified person( exercising my treaty rights) until 2nd of May.
Forget about the worker status I did not mean that, I got confused, sorry!

Then if they will sanction me for 3 years I do not really care what I hope is that they won t refuse my application because of voluntarily leaving a job for misconduct.

Thanks Rosebead you are an angel..!

Do you think I really need to buy this CSI right now? only for one week?

[rosebead]

It's not compulsory for the PR application to submit a letter from your employer with the reason for leaving, so don't bother. The form says you should only submit it if it's "relevant", which it is to help prove worker status for PR but if you get proof that you have registered with the job centre then that is equally as good for proving your worker status. During the 5-year period, you must be either working or have "worker status" to qualify for PR. Strictly speaking, if you were dismissed for misconduct you do not get to keep "worker status" because that is not involuntary unemployment, and you must be involuntarily unemployed and registered with the job centre to keep "worker status". That said, it would be immensely disproportionate under EU law, going against the proportionality principle, to deprive you of PR just because you fell one week short. However, since myself I am a born worrier, I personally would take out comprehensive sickness insurance for all of my family for a short period just to make sure that I was covered for PR because if you exercise Treaty rights as self-sufficient, your worker status is legally irrelevant. It's entirely up to you of course.