Does this unemployed Polish student have worker status?

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  • #35341
    smcphail
    Participant

    Looking for some assistance.

    I have a polish claimant who worked continuously for over a year, was registered with Home Office during this time. However gave up her job in Feb 2008 to become a student and lived off savings and maintenance she received for one child. Some months later she decided that she wanted to take on part-time work in addition to her studies, however did not become employed until November on a temporary basis.

    As she had been employed under registration for at least one year I understand that she now has the same rights as EEA 16 Workers. However I’m not sure if she would have retained worker status given her decision not to work for a period. I note that EEA workers retain worker status if they have been in continuous employment for at least one year and then become involuntarily unemployed and are registered with Job Centre Plus. She clearly didn’t become involuntarily unemployed, however if she provides evidence to support the period in which she claims she was seeking employment, would she have had the right to reside and therefore been eligible for HB.

    All comments appreciated

    Susan

    #99092
    Kay_Tade
    Participant

    I think she keeps her R2R from what you have described as she has satisfied the conditions of aritcle 7, article 12 of DIRECTIVE 2004/38/EC.

    https://hbinfo.org/menu2/europe/dir_2004_38_ec.pdf

    #99093
    smcphail
    Participant

    Thanks for reply Chacha and copy of Directive

    I’ve had a look at directive and I’m afraid I’m stll confused. Wondered if you could explain why you believe Article 7 gives her right to reside, not sure what I’m missing. Also wondered if you meant Article 13 as opposed to Article 12.

    Kind regards

    Susan

    #99094
    Kay_Tade
    Participant

    [quote:13325e19e8=”smcphail”]I have a polish claimant who worked continuously for over a year, was registered with Home Office during this time. However gave up her job in Feb 2008 to become a student and lived off savings and maintenance she received for one child. Some months later she decided that she wanted to take on part-time work in addition to her studies, however did not become employed until November on a temporary basis. As she had been employed under registration for at least one year I understand that she now has the same rights as EEA 16 Workers[/quote:13325e19e8]

    Hi Susan, sorry I meant Article 14 as she is not a family member so 12 and 13 do not apply. From the scenario you have described she satisfies Article 7 (She was not a burden to the state for the period unemployed, was enroled in a course of study) I don’t think the medical insurance bit comes into it because it was not required at the time she was unemployed and in a course of study (Not sure everyone would agree with me though but I would pay HB?CTB)… hope that’s helpful sorry about the confusion….

    #99095
    stevedaymond
    Participant

    Sorry but I dont think your claimant has a qualifying right to reside.

    She completed the 12 months on the Workers Registration Scheme but was not involuntarily unemployed so lost her worker status unless the course was related to her previous employment as per 7(3)(d) of 2004/38/EC. So without the medical insurance and being self-sufficient she would not qualify.

    Also for the period she was a jobseeker, unless JSA(IB) was in payment she would not be eligible due to Reg 10(3) and 10(3A).

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