Post
by rosebead » Tue Apr 07, 2015 11:45 am
That sounds like an illegal refusal. They should appeal it. EU law is quite clear that earnings are irrelevant; in fact you can even earn below the level of subsistence and supplement with benefits and still be considered a worker. What matters is whether work is genuine and effective and not marginal or ancillary, which is not defined by earnings or hours but by looking at the whole package such as length of employment, was there annual or sick leave, was it regular work, etc. Neither Surinder Singh nor O & B case laws mention the nature of accommodation required in the host country - that's a laughable notion but then the Home Office are brazen.