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EEA2 - worker now involuntarily unemployed, pls advise

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Mirta SF
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Posts: 30
Joined: Sun May 29, 2011 11:13 am
Location: India

EEA2 - worker now involuntarily unemployed, pls advise

Post by Mirta SF » Tue Nov 15, 2011 3:39 pm

Hello everyone, thanks to the very useful advice received on this forum, my husband and I have obtained a Family Permit and moved to UK; as some of you know we were about to apply for an EEA2 Residence Card but a recent change in circumstances makes me seek for advice again.

I am an EU national while my husband is Indian. I have been exercising treaty rights as a worker for almost 3 months since I moved here; just as I was about to apply for EEA2 I came to know that my contract would not be renewed as hoped so I put the application on hold. By now, the initial 3 months are over, the family permit is about to expire and Im unsure which way to proceed for the RC. I read that:

a) a worker doesn't lose his status if he is involuntarily unemployed 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

Can anyone advice as to what's the best way to proceed in this situation?

1) In the time between the expiry of the Family Permit and the application for an RC, is there a need/way to prove that we are here legally?

2) Is it possible to apply with the payslips I have received in the past 3 months and then explain that I have become involuntarily unemployed? Would that mean applying as a worker (retained status) or as a jobseeker? Or is it best to wait till I have another job?

3) In the event we wanted to travel after the expiry of the Family Permit, is it ok to apply for another Family Permit from my home country to re-enter UK or does this become subject to proving treaty rights as well? In that case, would the payslips suffice to prove this?

4) If none of this is doable, I will consider applying as self sufficient. Only issue is, I have been in UK for less than 6 months and I have read in other posts that UKBA requests for 6 months past bank statements. Any advice on that?

Apologies if I am overcomplicating matters or repeating myself. I have read through this forum and the relevant UKBA guidance and EU directive but I want to be extra sure I don't fail to comply with regulation because of confusion.

Thank you in advance for your time and patience, any advice is much appreciated.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Nov 25, 2011 12:42 am

After the initial three months, you can be in any of the following categories:
(1) working
(2) actively looking for work (a seeker of jobs or a "jobseeker")
(3) self-employeed
(4) a student
(5) self sufficient and having CSI

Have you been doing one or more of these after 3m?

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