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It just means that in 2009, the HO confirmed the EEA national was exercising treaty rights.naija99 wrote:Wasnt sure of the difference - i assumed it was PR
So does that just mean the EEA national can reside in the UK?
Will the family member be able to qaulify for PR next year, i.e. after 6yrs?
What exactly did they say about low earnings? How low were the earnings exactly?naija99 wrote:The EEA national has been exercising treaty rights for a continuous period of 5 years but UKBA have stated that the P60s and payslips etc recorded very low earnings. The EEA national will therefore have to ensure his 5 year record is complete before the family member applies for PR again.
6.2.1.1 “Worker” is defined in the Immigration (European Economic Area) Regulations 2006 as ‘within the meaning of Article 39 of the Treaty establishing the European Community’. This suggests that a worker is a person who is employed, actually or potentially, under a contract of employment and is not a self-employed person. The European Court of Justice, in Lawrie-Blum [1986] ECR 2121, stated that the essential point is that the person provides services during a given time for and under the direction of another in return for remuneration. The EEA national’s position within the organisation, the purpose of the work, the level of income it yields (including whether or not the person has to supplement his or her income by claiming social security benefits), and whether payment is in cash or in kind, are not relevant factors.