Terms & Conditions

[sharonwarner]

We have a claim from a couple. the circs of which are as follows;

Ms is polish and came to UK in 2005.
Mr is Palestinian and seeking asylum in UK (has no passport & has all but admitted he disposed of it so as not to be returned)

Ms was working but has now had a baby and is on unpaid maternity leave from her employer.

Mr has no recourse at present as case is not yet decided.

Can Ms claim? My first thought is that she is no longer self suffficient and so she does not meet the criteria for the right to reside. However, as she was working and is now on maternity pay, albeit unpaid, am I wrong?

If anyone could help on the last day before Xmas I would be really grateful!

Have a fantastic break everyone, heaven knows we benefits peeps really deserve it after this last 12 months!

[Anonymous]

Mr will be subject to immigration control as a person requiring leave but not having it, so any claim by him would probably be rejected.

Is the woman still employed, and if so is she a registered worker? That would get her round the HR test. If she is no longer on the books as an employee, it doesn’t look good for her either way.

First, she might not yet have 12 months’ registered employment under her belt; if not, she cannot rely on the same residence rights as ex-workers from elsewhere in the EEA and her only hope would be self-sufficiency. Sounds as of you would probably have to conclude she is not a self-sufficient person.

Second, even if she has done her 12 months and is now free to work/seek work like any other EEA national, it appears that people on a maternity break do not retain their worker status – she would have to be involuntarily unemployed and signing on to retain her status. Again, self-sufficiency is the only option and it doesn’t sound as if she is from what you say.

[Author]

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