Need Help ( EEA3 & EEA4 )

[Iphone5]

Hello
I got 2 important questions regarding the EEA3 and EEA4 and I got short story to say and then I ask the questions.

I am a EEA National (from Sweden) and I came here to England alone in 1/9/2008 and then I started working at 1/10/2008. In 1/05/2009 my family came here to UK. My two kids are both Swedish citizenships but my wife is a NON-EEA National. So we applied EEA1 and EEA2 and after that, we got a resident card to my wife and a registration certificate for myself. The length of both of them was five years and it would expire on the 15/6/2014. I have been reading in the forums about the European Law. And I've read that to get EEA3 for myself and EEA4 for my wife, I must have exercised treaty rights in the UK for a continues period of five years. Here's my job details:

October 2008 - August 2009 = employer 1
August 2009 - March 2010 = claiming job seeker allowance
March 2010 - Present = Employer 2
And I'm sure I will keep working until June 2014.

My first question!
1) Is there any problem that the Home Office might refuse my application because I've been job seeking for 7 months. And do you have any recommendations on this problem?

2) Can I apply EEA3 for myself on 1/10/2013 because I've been here 5 years or should I wait to 15/6/14 and myself and my wife can both apply for EEA3 and EEA4? In fact, my registration certificate and my wife's resident card will both expire in the same date.

I hope a professional expert answer this question.

Best Regards.[/b]

[Obie]

In period 1, your employment was less than a year. Therefore for period 2 you need to show that you were actively seeking work, and had a realistic chances of securing one.

If you cannot demonstrate this, you will be unable to secure the confirmation you sought.

[Iphone5]

Thanks for your reply Obie.

You said that I need to show that I were actively seeking work, and also show that I had a realistic chances of securing one. How would I show what? Can you give me an example please?

Thank You!

[IyaCiara]

Your period of claiming JSA should not be a problem because although you were claiming for 7 months, you did secure employment.

You can apply for PR this year and I think it's best that you do. Then when your wife applies for PR in 2014 all that is required from you is you passport bearing the PR vignette - no need to prove that you have been exercising treaty rights for five years.

[Iphone5]

Thanks for your reply IyaCiara!

I was reading on forum that someone refused he claimed job seeker for more then 6 months
However, does the HO otherwise routinely interpret work search for longer than six months as not exercising treaty rights as a jobseeker?

[Obie]

Thanks for your reply Obie.

You said that I need to show that I were actively seeking work, and also show that I had a realistic chances of securing one. How would I show what? Can you give me an example please?

Thank You!

I believe the burden is on you to prove that you retained your status.

That burden cannot be discharged by simply saying, you found a job in the 7th month, without more.

[Iphone5]

Thanks for replying!

Your right about that's my responsibility to prove that I were seeking for a job in a realistic way but my question was " how I need to show that I were actively seeking work"
Should I show them all the application I applied for, or the training I was taking just because to get the job

Thank you

[el patron]

Thanks for replying!

Your right about that's my responsibility to prove that I were seeking for a job in a realistic way but my question was " how I need to show that I were actively seeking work"
Should I show them all the application I applied for, or the training I was taking just because to get the job

Thank you

If you received Job Seekers Allowance, that is awarded on the basis that you were actively seeking work, so in a way you have already surmounted that burden of proof (to another govt dept). Either way I think if you were refused your application for PR you should have a high chance of winning on appeal, the 6 months restriction as to Job Seekers is not a definite restriction, worth reading ECJ case C-292/89 Antonissen http://eur-lex.europa.eu/LexUriServ/Lex ... 92:en:HTML

[Obie]

Jobseekers allowance can fulfil one part of the requirement, but not necessarily both.

An EEA national who has been job seeking for over six months, need to firstly short they are actively seeking job and secondly, they have a realiatic prospect of obtaining one.

I am prepared to accept, with minor reservation, that jobseeking allowance will meet the first criteria. Although i not sure it could be assumed that all people signing for Jobseekers are actively and genuinely seeking job.

I am not prepared to accept that it meets the second, as whatever the circumstances, it cannot be argued that all people in JSA has a genuine prospect of obtaining a job in the short time.

I believe in order to discharge the second burden, evidence of job application, job inteelrview, and what the person has done to appraise his or herself will be required.

[el patron]

I am not prepared to accept that it meets the second, as whatever the circumstances, it cannot be argued that all people in JSA has a genuine prospect of obtaining a job in the short time.

I believe in order to discharge the second burden, evidence of job application, job inteelrview, and what the person has done to appraise his or herself will be required.

Indeed but in the OPs circumstances the prospect of success is more than just a prospect as they did indeed obtain a job after not too great a time over and above the 6 months period.

[Iphone5]

Your both Obie and El Patron right and today I was reading the laws and regulations of immigration 2006:

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

It says in page 6:

Qualified person”
6.—(1) In these Regulations, “qualified person” means a person who is an EEA national and in
the United Kingdom as—
(a) a jobseeker;
(b) a worker;
(c) a self-employed person;
(d) a self-sufficient person; or
(e) a student.
(2) A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—
(a) he is temporarily unable to work as the result of an illness or accident;
(b) he is in duly recorded involuntary unemployment after having been employed in the United Kingdom, provided that he has registered as a jobseeker with the relevant employment office and—
(i) he was employed for one year or more before becoming unemployed;
(ii) he has been unemployed for no more than six months; or
(iii) he can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged;
(c) he is involuntarily unemployed and has embarked on vocational training; or
(d) he has voluntarily ceased working and embarked on vocational training that is related to his previous employment.
(3) A person who is no longer in self-employment shall not cease to be treated as a self- employed person for the purpose of paragraph (1)(c) if he is temporarily unable to pursue his activity as a self-employed person as the result of an illness or accident.
(4) For the purpose of paragraph (1)(a), “jobseeker” means a person who enters the United Kingdom in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged.



I didn't work more than 1 year in my first year and I was unemployed for more than 6 months (7months) but I can provide evidence that I am seeking employment in the United Kingdom and have a genuine chance of being engaged. And the evidence is a letter from Jobcentre Plus that I were awarded a jobseeker allowance for 7months. Also, I can provide evidence that I've been practised trained for 2months before I got the job from my previous job.

So this means that I am a "qualified person" for the previous year?
And will they (Home Office) count this year as my first year?