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Urgent - EEA partner switching job, Rights?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Qman
Junior Member
Posts: 90
Joined: Tue Jul 05, 2011 12:49 pm
United Kingdom

Urgent - EEA partner switching job, Rights?

Post by Qman » Wed Sep 21, 2011 5:26 pm

If my EEA partner leaves her current job to relocate will she be deemed to not be exercising her treaty rights as it was a voluntary departure from work?

If not, how long can she look for a job before she is deemed to no longer be exercising her treaty rights?

Any help would be appreciated guys.

Thanks.
Sent PR March 2016
Refused Sept 2016
Appealed to FtT Sept 2016
Refused Nov 2016
Perm to Appeal to Upper Tribunal Nov 2016
Refused Dec 2016
Applied to UT Jan 2017
Appeal heard 29 Apr 2017
New COA 4 May 2017
Overturned 1 June 2017
PR Card issued July 2017

Qman
Junior Member
Posts: 90
Joined: Tue Jul 05, 2011 12:49 pm
United Kingdom

Post by Qman » Wed Sep 21, 2011 6:19 pm

Right, I know there has been some debate on job seeking and exercising treaty rights and whether there is a defined time limit for this, after a search I came across this quote:

Job seeker

A job seeker is a person in search of work for the first time or those between jobs or in training. An EEA national must be able to provide evidence that he/she is seeking employment. A job seeker is expected to be able to get employment within 6 months of the beginning of a search and is not entitled to benefits.


I hope this helps anyone else seeking clarification on this issue. There is a time limit and it goes on to say:

A person in low-paid or part-time work would not be considered as exercising Treaty rights if he/she was engaged in only a few hours per week and reliant almost totally on public funds

The context of those quotes is in relation to kids gaining British Citizenship by birth. What I understand from that is as long as you don't go on the dole, there is no defined minimum number of hours you have to work (the spirit of the rules is to prevent becoming an unreasonable burden on the state, as said several time by directive [respect]), in fact,

Those in vocational employment / voluntary work may qualify if they can
provide evidence to show that they can support themselves, or if the charity
organisation for which they work is meeting their living costs.


And those worried about compulsory military service affecting their treaty rights...

You should also note that longer absences for compulsory military service will not affect the five years continuous residence. Additionally a single absence of a maximum of twelve months for important reasons such as
pregnancy/childbirth, serious illness, study or vocational training or posting
overseas will not affect it either. Please request further evidence if parents
claim to have been absent for more than six months due to one of the above
reasons.


Source
Sent PR March 2016
Refused Sept 2016
Appealed to FtT Sept 2016
Refused Nov 2016
Perm to Appeal to Upper Tribunal Nov 2016
Refused Dec 2016
Applied to UT Jan 2017
Appeal heard 29 Apr 2017
New COA 4 May 2017
Overturned 1 June 2017
PR Card issued July 2017

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Sep 21, 2011 7:01 pm

Qman,

What is the source of that document? Do you have a link to it?

Qman
Junior Member
Posts: 90
Joined: Tue Jul 05, 2011 12:49 pm
United Kingdom

Post by Qman » Wed Sep 21, 2011 8:28 pm

couldn't tell you mate, I just googled "eea quit job exercising treaty rights" and it came up as second result but couldn't access it directly.

This should be the link:

http://www.identitycommissioner.org/cps ... UBLISH.pdf

but it's been moved

The result in google looked like this

[PDF] Treaty Rights
http://www.identitycommissioner.org/cps ... SH.pdfFile Format: PDF/Adobe Acrobat - Quick View
the EEA national remains in the exercise of Treaty rights (until such time as .... A job seeker is a person in search of work for the first time or those between ...

I had to click "quick view" to view it
Sent PR March 2016
Refused Sept 2016
Appealed to FtT Sept 2016
Refused Nov 2016
Perm to Appeal to Upper Tribunal Nov 2016
Refused Dec 2016
Applied to UT Jan 2017
Appeal heard 29 Apr 2017
New COA 4 May 2017
Overturned 1 June 2017
PR Card issued July 2017

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