Temporarily incapacitated or Employment

[Vrutin]

Hi,

I am looking at the EEA4 form and my father (EEA National) hasn't been working since 2003 since he had diabetes and couldn't work after that.

Could I tick 'Temporarily incapacitated' for:
Section 7 – Details Of The Exercise Of Treaty Rights For 5 Years of the form

Although he has worked 5 years before 2003.

So should I tick the 'Temporarily incapacitated' or shall I tick the 'Employment' tick box and provide 5 years of work before 2003? Which option would be better?

Regards,
Vrutin

[Obie]

Diabetes does not fall into that category, I think. It is a condition that could be properly mamaged. In any event, 10 years out of work, cannot be considered as such.

If you can provide evidence that he worked for complete five years, during that period, he never left the UK for more than 6 month in a year, or had a one of absence that exceed 12 months, for important reasons. That since that period, he has never been out of the UK for more than 2 years, then you may be OK.

[Obie]

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