5 months gap in employment

[marry]

Hi Everyone

i am EEA national and my husband is Non-EU family member he is applying for PR. but in my employment during my first 6 months i was working then get redundant for 5 months i was looking for work through internet. in those 5 months i have got 3 refusal letter from employers. after 5 months i got the job and working uptill now.

so my question is that is that refusal letter is enough to proof or need any other kind of proof as well for PR.

[vinny]

See also jobseeker.

[marry]

See also jobseeker.

Hi vinny
Thanks for that what I understand from that I need show that I was reg from job seeker as well. Is that right

[Amebo]

See also jobseeker.

Hi vinny
Thanks for that what I understand from that I need show that I was reg from job seeker as well. Is that right

That is right, if you have proof of seeking a job you ll be fine, i quite undersatnd that is proof of treaty right as well.

Stay Bless

[marry]

That's what is little bit confusing for me. Some says it will be fine and some says u need to reg with job seekers

I was not reg with job seeker on that time but I was applying individual and get refusal letters from employers. Is that will be alright

[augustine70]

Hi marry,
I'm non eea. My wife eea, she had approximately 5 months of no job and not registered in jobseekers, then she registered for jobseekers.
When I applied for PR, I included a cover letter stating that she was actively looking for job and subsequently registered for jobseekers. I gave only a couple of e-mail printout of her job application and stated that many other application had no response at all. Had no problem with my PR.
Yours is better as you have 3 acknowledgement letter which is a good actively looking for job prove. Do state with a cover letter that many other applications had no response at all. (give name of some local businesses like cafe and so on). And do sent the refusal as well.

[sheraz7]

An EEA national worker is still considered WORKER even if ceases to work due to illness/redundancy/involuntary unemployment and who register with job center and actively seek work.
BUT TO BE BENEFITTED FROM THAT THE EEA NATIONAL MUST HAVE WORKED AT LEAST 1 YEARS PRIOR TO THAT.

[augustine70]

Hi marry,
I'm non eea. My wife eea, she had approximately 5 months of no job and not registered in jobseekers, then she registered for jobseekers.
When I applied for PR, I included a cover letter stating that she was actively looking for job and subsequently registered for jobseekers. I gave only a couple of e-mail printout of her job application and stated that many other application had no response at all. Had no problem with my PR.
Yours is better as you have 3 acknowledgement letter which is a good actively looking for job prove. Do state with a cover letter that many other applications had no response at all. (give name of some local businesses like cafe and so on). And do sent the refusal as well.

As Sheraz pointed out, i have to say, my wife was working more than one year AND was registered with this WRS thingy (workers registration scheme)

[wiggsy]

BUT TO BE BENEFITTED FROM THAT THE EEA NATIONAL MUST HAVE WORKED AT LEAST 1 YEARS PRIOR TO THAT.

Where is it stated that they must work for one year?

you can be a job seeker ON ENTRY....

[sheraz7]

BUT TO BE BENEFITTED FROM THAT THE EEA NATIONAL MUST HAVE WORKED AT LEAST 1 YEARS PRIOR TO THAT.

Where is it stated that they must work for one year?

http://www.ukba.homeoffice.gov.uk/polic ... /eun/eun1/

[wiggsy]

BUT TO BE BENEFITTED FROM THAT THE EEA NATIONAL MUST HAVE WORKED AT LEAST 1 YEARS PRIOR TO THAT.

Where is it stated that they must work for one year?

All I see is:

Job-seeker - The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged, for example, evidence of job interviews, evidence of qualifications, registration with Job Centre / recruitment agencies.

In most circumstances we would expect *an EEA national to be economically active within six months. It is highly likely that an individual claiming a right of residence as a job-seeker will also be exercising treaty rights as a self-sufficient person.

* Note: expecting is not the same as MUST BE...

Cant see a reference to the one year work prior though... can you quote/direct me to the section?


Perhaps you are misinterpreting this:

If an EEA national temporarily ceases employment, they can still be considered a qualified person under the following circumstances:
=They are temporarily unable to work as the result of an illness or accident
=They are involuntarily unemployed and have started vocational training; or
=They have voluntarily stopped working and started on vocational training related to their previous employment.
===were employed for one year or more before becoming unemployed;
===have been unemployed for no more than six months; or
===can provide evidence that they are seeking employment in the United Kingdom and have a genuine chance of being engaged

[Jambo]

See 6(2)(b). This is about keeping status as a worker.

You can also be a job seeker on entry 6(4).

[sheraz7]

You are 1 stop behind your destination. Now read the next bold point WORKER. (But read it in full before returning to thread).

[wiggsy]

See 6(2)(b). This is about keeping status as a worker.

You can also be a job seeker on entry 6(4).

Wow, looks like the UKBA have mixed up 6(2)(b) and 6(2)(d) on their website

@Sheraz...

Read the website again... The second quote WAS the worker section - hence my confusion

[Obie]

Due to the concession in Shabani, a jobseeker now has a broader meaning than Regulation 6(4) indicates.

In that regards, the tribunal seem to have departed from Begum, as regards to who a jobseeker is.

In my view, the OP in this case, could well fall into regulation 6(2) as opposed to 6(4).

Contrary to a previous contributor, i don't think she is required to have worked for 1 year to qualify. Provided there was a fixed contract for less than a year, she could still qualify.

[sheraz7]

Regulaion 6(4) Jobseeker applies on EEA national arrival. Whereas Regulation 6(2) triggers here which underline a,b,c,d.
a) refers to temporary ilness and (b) refers to redundancy/involuntary unemployment for which at least 1 year/more employment and job seeking activies are must. The only escape from 1 year could be if the EEA worker fall into (c) or (d) by which if EEA worker voluntary ceases/involuntary unemployed but join vocational training that relates to its previous employment.

[Obie]

If the EEA regulation fails to transpose a directive correctly, then one is entitled to rely on the directive directly.

In this instance, regulstion 6 ( 2) for reasons best known to the UK government, did not implement Article 7 (3)(c) of the directive. Therefore OP is entitled to rely on the direct application of that provision.

In regards to your second point , it has been conceded by the Secretary of state in the case I cited, that someone who did not retain their worker status, can become a jobseeker a second time under regulation 6 (4). Therefore the need for them to be a jobseeker only on arrival, no longer applies.

[sheraz7]

Yes you are right that there is less awareness regarding the Article 7 (3) (b) & (c). If the Op hold fixed contract and finished even in less than one year can retain the status of worker and will fall under Article 7 (3) (c) otherwise will fall under Article 7 (3) (b) that require one or more year prior employment.

http://www.ru.nl/publish/pages/646500/p ... eekers.pdf

AS under:

Residence Rights of Jobseekers who retain the
status of Worker
According to Article 7(3)(b) and (c) Directive 2004/38:

Union citizen who is no longer a worker retain the status of
worker if:

b) He/she is in duly recorded involuntary unemployment after
having been employed for more than one year and has
registered as a job-seeker with the relevant employment office
c) He/she is in duly recorded involuntary unemployment after
completing a fixed-term employment contract of less than a
year or after having become involuntarily unemployed during
the first twelve months and has registered as a jobseeker with
the relevant employment office. In this case, the status of
worker shall be retained for no less than six months

[wiggsy]

Dont you recon it seems a bit backwards though, and the UKBA printed version reflects the way it should actually be....

I mean... it is a bit of a joke that I can come work for a few months then retain my status for voluntry ceasation but if i get laid off i must work for 12 months to retain my status... despite not having a choice in the matter....