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Spanish student - just graduated, looking for work

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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eclaire
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Joined: Fri Jul 11, 2014 4:36 am

Spanish student - just graduated, looking for work

Post by eclaire » Fri Jul 11, 2014 4:42 am

Hi, I'm enquiring on behalf of a friend. She's Spanish, has been studying in the UK, and wants to stay here now to jobsearch.

1) Is this possible,
2) does she need anything,
3) and will she be able to claim any benefits (such as jobseekers allowance and housing benefit) while she looks for full-time work?

Many thanks!

Claire :D

PS. I've looked into it and think she'll be fine, as she's an EU national (or whatever the correct term is).

I'm just not sure about the benefits, or if they'll give her a hard time as she isn't British?

She has some savings, but doesn't want to renew her housing contract until she knows the situation re benefits.

Thanks again! :D

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Spanish student - just graduated, looking for work

Post by Casa » Fri Jul 11, 2014 9:53 am

I don't believe she will have access to benefits while she is job seeking if she hasn't previously been employed in the UK. Amber, a fellow moderator has far more knowledge on this.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Amber
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Posts: 17536
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Location: England, UK
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Re: Spanish student - just graduated, looking for work

Post by Amber » Fri Jul 11, 2014 7:37 pm

DMG 071221 explains a jobseeker’s right to reside. The amendments change the definition of “jobseeker”. With effect from 1.1.14, a jobseeker is1 a person who
1. either
1.1 entered the UK in order to seek employment2 or
1.2 is present in the UK and seeking employment immediately after having a right to reside as a worker, self-employed person, a self sufficient person or a student and
2. can provide evidence that they are seeking employment and have a genuine chance of being engaged4.
Note: a “worker” within 1.2 above, does not include a person retaining worker status under specified legislation
So it is possible, however, number 2 above, raises the bar significantly. Note also:
A person who
1. has registered as a jobseeker with the relevant employment office and
2. is in duly recorded involuntarily unemployment after having been in genuine and effective employment in the UK for less than one year
will only retain worker status for a maximum of 6 months from the date on which they first became involuntarily unemployed2.
Note: this paragraph should be read in conjunction with paragraph 7 below. 1Imm (EEA) Regs, reg 6 (2)(ba); 2 reg 6(2A)
Employed in the UK for less than one year
See also, https://www.gov.uk/government/uploads/s ... -15-14.pdf
**this forum is not intended to be a substitute for professional advice**
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