Retained Worker Status or not A8

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  • #46326
    jrout
    Participant

    Hi

    We have a case where we are not sure whether someone will retain their worker status or not, and have confused ourselves.

    Mr came to the UK on 12 May 2004 and obtained a Worker Registration Card on 20 July 2004.

    He has been unable to provide evidence of Worker Registration Certificates confirming 12 Months legal work from that date.

    He has provided evidence of p60's from 2007 for the next five years showing that he was employed by one employer from June 2007 until Jan 2013 when his employment was terminated whilst on SSP as no more work, not because of ill health. 

    He has supplied a Worker Registration Certificate for this employer but it was not issued until September 2010, more than 2 years after he started employment with them. So the legal work would only start from Sept 2010 as not been able to establish legal work before this date.

    As his employment would have been registered for more than 12 months from September 2010 (as not ended until Jan 2013) had the new rules of 1 May 2011 not come in, and this side of things does not appear to be an issue and he has Worker Status until Jan 2013.

    From Jan 2013 he was then awarded ESA(conts) but this was only paid for 5 weeks as he stopped supplying medical evidence. He has not returned to work and states he is still sick, but is not in receipt of any benefit but has re-applied for ESA.

    Our question is we have established that he has 5 years Habitual Residence as evidence of employment for this length of time, but he does not appear to have 5 years legal residence under the Worker Registration Scheme. Will he retain his Worker Status now he is sick for the period he received ESA conts as he has done 12 months work since 1 May 2011, but employment did not end due to ill health, just happened to be on SSP when employment terminated due to no work. From the end of ESA(conts) we are going to refuse as now inactive and does not have 5 years legal residence.

    Any help would be appreciated.

    Thanks

    Jacki

    #130716
    Kay_Tade
    Participant

    Hi Jacki,

    Unless the conditions of temp illness are satisfied OR he can provide an initial 12 month WRS cert I think this claimant is left high and dry. Has he not got a P45 or a letter from the employer from 2004? There should be a way he can show the initial 12 months.

    #130719
    jrout
    Participant

    Hi Kay

    The periods from 2004 to 2007 seem to be a few months here and a few months there but he has not provided evidence that he registered the various jobs, even though we have requested this several times, we only have P45’s and no start dates, so we are having to assume that he didn’t register or there are gaps of more than 30 days in any 12 months.

    Its just a shame he hasn’t registered his last employment in 2007 instead of 2010 otherwise he would have satisfied legal residence and it wouldn’t be an issue.

    Does the period of legal work from 2010 to Jan 2013 count for anything in this case?

    thanks
    Jacki

    #130728
    Kay_Tade
    Participant

    [quote=jrout]Does the period of legal work from 2010 to Jan 2013 count for anything in this case?[/quote]

    It will probably be his only chance of reaining R2R, he *may* retain worker status during temp illness, as I previously stated, and then gain perm res through a perm cessation of work if he satisfies all the conditions.

    The question is does he?

    See Regulation 15 of the Immigration (EEA) Regulations 2006:

    #131315
    michaelh
    Participant

    As Kay suggested I fail to see why he does not satisfy article 17 (c) of EC directive 2004/38 which is mirrored in regulation 6(2)(a) of The Immigration (EEA) Regulations 2006…..unable to work for a temp period due to sickness….providing you get evidence of sickness not sure why you could not pay

    Although I may blindly be missing something or the point you are trying to make – appologies if I am

    Mike

    #131316
    michaelh
    Participant

    sorry forgot to add that just because he failed to provide medical evidence to JCP this does not mean he is not sick

    also, this may all be in vain as I just realised how old this post was

    😀

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