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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
There is no fixed evidence that is required.Tyro wrote:Is there any way that she can prove that she was actively seeking work, while unemployed in UK in order to get Permanent Residence
No, they Have to pay national insurance contribution.Tyro wrote:I worry most for Comprehensive Sickness Insurance. As I heard PR application being refused due to not having Comprehensive Sickness Insurance for the period EEA national was not working.
DO EEA national have to have Comprehensive Sickness Insurance while they are self employed or Director of a Limited company.
Please shed some light on that as well.
UKBA wrote:If an EU citizen has left her her job due to pregnancy or quits after
the birth of a child in order to become a full time carer then she is no
longer classed as a qualified person under the definition of 'worker' as
defined by the Immigration (European Economic Area) Regulations 2006.
This is because she will not be actively seeking work. However, she may
be in a position to be regarded as a qualified person on the basis of
self-sufficiency as long as evidence of self-sufficiency can be provided
as detailed on regulation 4(1)(c).
A woman who has stopped work temporarily because of pregnancy or
childbirth will continue to be classed as a worker as along as she
remains subject to a contract of employment.
Not clear this is true. Why do you say this?Obie wrote:To qualify as jobseekers, you are required to register with the employment agency in the host member state.
Directive/2004/38/EC wrote:Not clear this is true. Why do you say this?Obie wrote:To qualify as jobseekers, you are required to register with the employment agency in the host member state.
[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF][b]Article 7 Right of residence for more than three months[/b][/url] wrote: ........
3. For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed
person shall retain the status of worker or self-employed person in the following circumstances:
...........
(b) he/she is in duly recorded involuntary unemployment after having been employed for more
than one year and has registered as a job-seeker with the relevant employment office;
(c) he/she is in duly recorded involuntary unemployment after completing a fixed-term
employment contract of less than a year or after having become involuntarily unemployed
during the first twelve months and has registered as a job-seeker with the relevant
employment office. In this case, the status of worker shall be retained for no less than six
months;
The provision above essentially applies to people who initially entered the memberstate in search of employment, not people who were studying and then entered employment, or people who worked part time during their studies, . In those circumstances they will not be covered by Article 14, but rather the later provision i cited.[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF][b]Article 14 Retention of the right of residence[/b][/url] wrote:
4. By way of derogation from paragraphs 1 and 2 and without prejudice to the provisions of
Chapter VI, an expulsion measure may in no case be adopted against Union citizens or their family
members if:
(a) the Union citizens are workers or self-employed persons, or
(b) the Union citizens entered the territory of the host Member State in order to seek employment.
In this case, the Union citizens and their family members may not be expelled for as long as
the Union citizens can provide evidence that they are continuing to seek employment and that
they have a genuine chance of being engaged.