EEA2 and wife lost Job

imraniqbal2010 · Post by **imraniqbal2010** » Mon Aug 01, 2011 8:18 pm

I m just curious to know that incase if my EEA national partner somehow loses job.and i m working full-time to make status from employed to self sufficient, within how many days after losing her job we need to buy comprehensive sickness insurance?Other than as soon possible,How many days by law she can have lawful residency without CSI?
Your valuable answers would be really appreciated.

alekos · Post by **alekos** » Mon Aug 01, 2011 8:25 pm

EEA citizen can be a jobseeker, which counts as a worker, as long as jobseeking is temporary.
I'm sure I've read about a court case regarding this issue. I just can't seem to find it now.

imraniqbal2010 · Post by **imraniqbal2010** » Mon Aug 01, 2011 8:27 pm

alekos wrote:EEA citizen can be a jobseeker, which counts as a worker, as long as jobseeking is temporary.
I'm sure I've read about a court case regarding this issue. I just can't seem to find it now.

How long JSA is reasonable? Is there any time scale

alekos · Post by **alekos** » Mon Aug 01, 2011 8:38 pm

imraniqbal2010 wrote:
alekos wrote:EEA citizen can be a jobseeker, which counts as a worker, as long as jobseeking is temporary.
I'm sure I've read about a court case regarding this issue. I just can't seem to find it now.
How long JSA is reasonable? Is there any time scale

AS long as EEA citizen doesn't become an unreasonable burden on the state. My opinion, this is between lawyers and judges.

alekos · Post by **alekos** » Mon Aug 01, 2011 8:44 pm

Found something, but as I wrote earlier, I can't find a court case that mentioned this subject.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

imraniqbal2010 · Post by **imraniqbal2010** » Mon Aug 01, 2011 8:56 pm

alekos wrote:Found something, but as I wrote earlier, I can't find a court case that mentioned this subject.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

THnx Alekos for the help and Any idea abt CSI?
that when do we need it,if you are on JSA do you need csi?

nonspecifics · Post by **nonspecifics** » Mon Aug 01, 2011 9:15 pm

You can be a jobseeker without claiming jobseekers allowance. You can still register at the jobcentreplus and make job applications ( keep proof of this as evidence you really are a jobseeker.).

To be a jobseeker you must have become involuntary unemployed, not voluntarily given up working.

Jobseekers allowance based on NI contributions lasts six months, but usually you need to have worked for at least for a couple of years full-time before this to have paid enough NI contributions. Six months is the figure I have seen mentioned as the reasonable maximum time to be a jobseeker and still be regarded as exercising Treaty Rights, .

But if you haven't paid enough NI contributions in the preceding years, it would be means-tested jobseekers allowance you might get if you claimed JSA.

So the partner's income would be taken into account. Claiming a means-tested benefit would be looked at very negatively by UKBA and regarded as being an unreasonable burden.

Try to avoid that if you can.

Jobseekers / workers don't need CSI, but if you wanted your time of unemployment to be counted as self-sufficient then you would need CSI for all the self-sufficient time for the EEA and family members.

seputus · Post by **seputus** » Mon Aug 01, 2011 11:36 pm

I've a question too along the same lines. If someone voluntarily gives up work, but then acquires a new job in a 'short' period of time without registering as a job seeker, is it considered 'continuous employment'?

What I guess I'm asking is: How many days/weeks of unemployment must elapse before one is considered unemployed (and by definition if not claiming benefits, self-sufficient - albeit on a very temporary basis) ?

nonspecifics · Post by **nonspecifics** » Tue Aug 02, 2011 12:19 am

A previous poster stated their EEA spouse stopped going to work for an unexplained reason. The period of time in question was around three weeks.

UKBA rejected the PR based on those three weeks, even though the employer still regarded the EEA as employed. The employee did not officially resign.

Now the poster is having to go to appeal to challenge the decision.

So, how long is a piece of string?

In other words, that's a hard one to answer. Considering the above case and knowing UKBA's attitude, probably their answer would be one day voluntarily unemployed would be interpreted by them as stopping exercising Treaty Rights, but maybe you could win your case on appeal, based on the argument that you were not an unreasonable burden.

To be still exercising Treaty Rights you would need to be self-sufficient so have CSI.

Anyone else voluntarily left a job and had a break in employment ( without CSI) and not had trouble from UKBA?

seputus · Post by **seputus** » Tue Aug 02, 2011 1:55 am

Oh my gods :P That is so ridiculous. My spouse was "unemployed" for 10 days..... and I'm applying for PR soon.

Best to just throw a bunch of documents at them and hope they don't see the 10 day gap I think..... bleh!

I think the poster you're talking about should win an appeal though. As an EEA jobseeker is expected to be "economically active within 6 months" -- and is someone who can provide evidence that they're looking for a job...

Surely such "evidence" could be the very fact that they secured a job in 3 weeks (or 10 days) !

Wish me luck ....

imraniqbal2010 · Post by **imraniqbal2010** » Tue Aug 02, 2011 7:13 am

seputus wrote:Oh my gods That is so ridiculous. My spouse was "unemployed" for 10 days..... and I'm applying for PR soon.

Best to just throw a bunch of documents at them and hope they don't see the 10 day gap I think..... bleh!

I think the poster you're talking about should win an appeal though. As an EEA jobseeker is expected to be "economically active within 6 months" -- and is someone who can provide evidence that they're looking for a job...

Surely such "evidence" could be the very fact that they secured a job in 3 weeks (or 10 days) !

Wish me luck ....

I read that if EEA national finds a new job within 30 days then that period is counted as lawful residence.

imraniqbal2010 · Post by **imraniqbal2010** » Tue Aug 02, 2011 7:16 am

nonspecifics wrote:You can be a jobseeker without claiming jobseekers allowance. You can still register at the jobcentreplus and make job applications ( keep proof of this as evidence you really are a jobseeker.).

To be a jobseeker you must have become involuntary unemployed, not voluntarily given up working.

Jobseekers allowance based on NI contributions lasts six months, but usually you need to have worked for at least for a couple of years full-time before this to have paid enough NI contributions. Six months is the figure I have seen mentioned as the reasonable maximum time to be a jobseeker and still be regarded as exercising Treaty Rights, .

But if you haven't paid enough NI contributions in the preceding years, it would be means-tested jobseekers allowance you might get if you claimed JSA.

So the partner's income would be taken into account. Claiming a means-tested benefit would be looked at very negatively by UKBA and regarded as being an unreasonable burden.

Try to avoid that if you can.

Jobseekers / workers don't need CSI, but if you wanted your time of unemployment to be counted as self-sufficient then you would need CSI for all the self-sufficient time for the EEA and family members.

Thank you so much for your reply.

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EEA2 and wife lost Job

EEA2 and wife lost Job

Jobseeker

how long is a piece of string? goes the old question

Re: Jobseeker