A8’s and the 5 year residency rule

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  • #38219
    michaelh
    Participant

    Good morning all. I would like some clarification regarding a Polish national clmt please. The circusmstaces that have been declared by the clmt are as follows:

    1. clmt arrived in UK in January 2006 and commenced employment in February 2006 – job lasted for two years where clmt then changed jobs to work for a food processing company

    2. food processing company went into liquidation (not relevant) in June 2010 and the clmt started working again for a hotel

    3. clmt fell ill in February 2011 and has been in receipt of ESA conts since then

    Now this is where it gets a little messy. The clmt’s first job was for a brewery chain, the job she stated commenced in February 2006. However, firstly her worker reg doc for that job confirms the job started in February 2007 and not 2006. Secondly the worker reg doc was not issued until September 2009 which is way more than one month from the job start date.

    So does this mean that I can only count the clmt as a worker from September 2009 as she did not register her job within one month of the date she commenced employment? Obviously I am aware that she did not start work until Feb 2007 which would make her statement incorrect and satisfy me that she has not been here for five years as a worker/work seeker. I just want to know that I am right or am I barking up the wrong tree.

    Many thanks in advance fellow posters.

    #107706
    Anonymous
    Guest

    The problem seems to be that she did not apply for a workers registration certificate until summer 09, which means the job is only legal from the date when the certificate was issued. So at the time when she changed jobs she had not yet worked legally for one year. Therefore she should have applied for a new certificate for the hotel job. If she did not, she was no longer working legally after the first month of that second job, therefore she does not retain worker status while on the sick from Feb 11. Cannot see a way round this, unless she can pull the old child at school trick … any school age kids?

    #107709
    michaelh
    Participant

    Hi Peter – I thought she was stumped to be honest. There are no dependant children, she is a single adult living with her adult son, who is a joint tenant. I missed the part about working for a year after she registered her first job. I was so caught up in looking at the five years rule, that passed me by.

    I have already refused the claim as not habitually resident due to the clmt not retaining a qualifiying right if residence as she not a worker or work seeker.

    Your input is much appreciated Peter, it gives me confidence that my decisions are correct as more often than not they tend to appeal and it is always nice when the appeal is up-held.

    Thanks again.

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