Absence and Jobseeker Strategy and EEA3

[Barbados]

Hi everyone,

My questions below are hypothetical and based on reading the following in the guidance notes (for EEA3 application):

An absence of less than six months, ..., will not break continuity of residence for the purposes of acquiring a right of permanent residence.

Question:
From reading the guidance notes I know that I should be able to proof that I was a resident during any absence of up to 6 months per year. However, what I don't understand is whether I should stay a qualified person during any absence (i.e. should I keep my worker/jobseeker/student/self-employed/self-sufficient status while being absent)?

I personally don't think you have to stay qualified during any absence ... I mean if they allow you to stay away for 6 months, how can they expect me to work, look for work, or whatever. I hope any of you guys know the answer!

Furthermore, if I don't have to stay qualified during any absence, will the following be allowed:

Year 1:
Come to the UK and look for job for 6 months.
Take holiday for 6 months (while staying a UK resident, e.g. keep renting a property).

Year 2:
Come to the UK and look for job for 6 months.
Take holiday for 6 months (while staying a UK resident, e.g. keep renting a property).

...

After 5 years I apply for a PR. Would this be allowed?

My main point here is: I know I can have the jobseeker status up to 6 months, but can I have the jobseeker status again after an absence of 6 months.

Thanks,
Barbados.

[Obie]

The Scenerio you stated above will not be accepted.


You cannot claim that you are jobseeking for 6 months, then go away for six months, and come back and claim jobseeking.

That is an abuse which may cause you problem under regulation 21B than helping you.

A job seeker has to show that they are actively seeking work, and have realistic prospect of securing work.

The above scenario does not demonstrate that at all.

It is an abuse of the sort, that community law does not tolerate.

Firstly the decision making will be able to conclude from the objective and subjective evidence that you were not genuinely seeking work, and therefore there was never a realistic prospect of you seeking employment.

[Barbados]

Thanks for your reply!!!

[vinny]

Hi all,

I would like to apply for an EEA3 PR after which my wife will apply for an EEA4.

My timeline in the UK would be as follows:

- First 3 years: I have been working. But been made redundant after 3 years.
- 6 months retained worker status (since I signed up with the job centre) / simply jobseeker status.
- 6 months absence from the UK (but was still paying rent and so on).
- 1 year self-sufficient. I have enough funds and also a non-UK CSI in place.

My question: would above be allowed. I know a person can be absent for 6 months but is this going to be a problem? During this absence, should I still be a qualified person, e.g. proof I was self-sufficient, or can I be without status during my absence?

Thanks,
Barbados.