EEA4 refused..Article 7(3)?

[baream2009]

Hi everyone,
I am a German citizen who moved to the Uk in 2008. I have worked from 2008-2009 with small gaps in between and for one year from Jan 2010 to Jan 2011. After this I have studied and only started working again from March 2015. I had no CSI during my studies and no EHIC that would cover the period. In 2009 I worked as a para-legal and have since then completed an LLB degree and the LPC. My question is whether I could argue that I retained worker status during my studies because my previous work was connected to my studies (Art 7(3)) or is this too far fetched because the period of unemployment is too long? The EEA4 application was for my husband who is a non eu national.

Many Thanks

[noajthan]

Hi everyone,
I am a German citizen who moved to the Uk in 2008. I have worked from 2008-2009 with small gaps in between and for one year from Jan 2010 to Jan 2011. After this I have studied and only started working again from March 2015. I had no CSI during my studies and no EHIC that would cover the period. In 2009 I worked as a para-legal and have since then completed an LLB degree and the LPC. My question is whether I could argue that I retained worker status during my studies because my previous work was connected to my studies (Art 7(3)) or is this too far fetched because the period of unemployment is too long? The EEA4 application was for my husband who is a non eu national.

Many Thanks

Here is guidance HO will use to evaluate if an applicant is a qualified person:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

[baream2009]

Thank you! However, this does not clarify whether I could rely on it in my case.

Additionally, would my course qualify as vocational training?

[Obie]

Hi everyone,
I am a German citizen who moved to the Uk in 2008. I have worked from 2008-2009 with small gaps in between and for one year from Jan 2010 to Jan 2011. After this I have studied and only started working again from March 2015. I had no CSI during my studies and no EHIC that would cover the period. In 2009 I worked as a para-legal and have since then completed an LLB degree and the LPC. My question is whether I could argue that I retained worker status during my studies because my previous work was connected to my studies (Art 7(3)) or is this too far fetched because the period of unemployment is too long? The EEA4 application was for my husband who is a non eu national.

Many Thanks

With an LLB, I am sure you will be able to find answers to your question.

You may be able to rely on that. Depending on the nature of the course. Also you applied on EEA 4. But you are a German national.

[noajthan]

Thank you! However, this does not clarify whether I could rely on it in my case.

Additionally, would my course qualify as vocational training?

Rely on what? retained worker status? I don't know about that matter.

HO caseworker will use their guidance (most likely applying it to the letter) to see which category of qualified person you slot in.
If a student they will be looking for CSI (etc).
If a worker they will want employer & tax details (simple as that)
- over the appropriate period

[baream2009]

We used the EEA4 for my husband who is a non eu national. I did send details about my course and previous work experience along with a cover letter explaining that I am seeking to rely on retained worker status according Art 7(3) and the Sylvie Lair judgement. The HO reason for refusal was that I had no CSI during my studies.

Does that mean that they I have not retained worker status during the period of my studies in their opnion because this is not what the letter says? My question is whether it is worth appealing this refusal or whether we should just apply for a 5 year visa using the EEA2?

I have tried to look for answers but I am still unsure about what action would be appropriate now.

Many Thanks

[baream2009]

I mean a five year permit

[Imshzd]

We used the EEA4 for my husband who is a non eu national. I did send details about my course and previous work experience along with a cover letter explaining that I am seeking to rely on retained worker status according Art 7(3) and the Sylvie Lair judgement. The HO reason for refusal was that I had no CSI during my studies.

Does that mean that they I have not retained worker status during the period of my studies in their opnion because this is not what the letter says? My question is whether it is worth appealing this refusal or whether we should just apply for a 5 year visa using the EEA2?

I have tried to look for answers but I am still unsure about what action would be appropriate now.

Many Thanks

Worker or self employed person may retained worker status if he or she unable to work due to illness/accident etc or suffering from any temporary decease or in case of maternity leave etc,or may be some training courses which are the parts of your job(paid one),if this happen after certain years of employment or self employment.
As you left your job and started your studies,so you spend your last four years as a student not as under 7(3).And as a EU student you must have Csi for all the time of studies to qualify PR.

[Obie]

I am not sure Liar helps much.

The ECJ in Blaziot had ruled that University studies may qualify as Vocational training.

There may be a merit in an appeal.

[noajthan]

We used the EEA4 for my husband who is a non eu national. I did send details about my course and previous work experience along with a cover letter explaining that I am seeking to rely on retained worker status according Art 7(3) and the Sylvie Lair judgement. The HO reason for refusal was that I had no CSI during my studies.

Does that mean that they I have not retained worker status during the period of my studies in their opnion because this is not what the letter says? My question is whether it is worth appealing this refusal or whether we should just apply for a 5 year visa using the EEA2?

I have tried to look for answers but I am still unsure about what action would be appropriate now.

Many Thanks

The Lair case (sic) seems to be about the right under Article 7(3) to "access to training in vocational training schools and retraining centres" under the same conditions as national workers.
However your case seems to be about 2 categories of qualified person, (as defined by EU regulations), and not a 'EU law versus national law' type of question per se.

You evidently did not persuade HO, (perhaps you failed a "temporarily" test), or they did not understand the case you attempted to make, which was, presumably, under 6(2) of the Immigration Regulations.

Someone who has temporarily stopped working can still be considered a worker under regulation 6(2) of the regulations if they can provide proof that they:

• voluntarily stopped working to start vocational training related to their previous employment

If the reason given was due to "lack of CSI", the caseworker has evidently considered you in the student category of qualified person (during that period of legal studies).
You may have just received a boilerplate letter with a stock paragraph about CSI.

Concerning CSI, it's a long shot but there was a transitional arrangement (dating from 2011) when the longstanding requirement for students to hold CSI began to be enforced.

This transitional arrangement means if someone was granted a RC in/before 2011 (on the basis of exercising treaty rights as a student) then they are exempted from having to demonstrate holding CSI as a student (from that time onwards).

Did you hold such a RC (on the basis of being a student) at the time?

[baream2009]

No I did not hold one on the basis of being a student. Thank you for the replies.

Considering everything a new EEA2 appears to be the best option now?