Confused!!! UK citizen in Greece

[gioni82]

Hi all, I am British, husband Albanian, and our daughter is British. We have lived together in Greece since Jan 2012 and married since Jan 2013. We have just applied for an EEA FP to relocate to the UK. I am confused though - I worked here in Greece for two summers, 2011 and 2012, but could not work this summer due to having our baby in June. Will this affect his application? As I have exercised my treaty rights, just not this year. I provided a letter from my last employer. Please advise?

[Jambo]

You are required to work. You are not required to work immediately prior to the application.

How long (weeks) have you worked?

[gioni82]

I worked from April to October 2011 then June to October 2012, so around 10 months in total, I was offered a contract renewal for 2013 but had to decline due to the baby being due, which my employer stated in her letter. Will that be OK do you think? The embassy called me the day after he submitted the application to ask me some questions, about us, did I remember writing the letter to confirm we were travelling together, about both of our work history, etc,

[Jambo]

You should be fine.

See very similar case (13 month break between employment and the return) - OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco [2010] UKUT 420 (IAC).

If the consulate are making your life difficult, point them to this determination.

[gioni82]

Thank you so much. The wording in the regulations is what confused me where it says 'as a worker or has been before their return to the UK', which sounds like you must already be in the UK for that to apply.
Thank you!