CBJSA, public funds, worker and self sufficiency

[aledeniz]

A good friend of mine, EU citizen, has recently been made redundant for no fault of its own.

My friend is married with a non EEA citizen, who recently got its residence card through an EEA2 application. My friend non EEA spouse is currently working, and my understanding is that it may be getting a salary of more than £25k-£30k.

My friend has been in UK exercising treaty rights from October 2006 to sometime in spring or summer 2009 (probably May, I think it then kept working from abroad for a British company paying UK taxes until September 2009, but I am not 100% sure), then again from July 2010 to this very January 2013.

Its understanding is that it cannot claim PR because the period of time on which it was out of the UK is too long. I do agree with that.

On the other hand, as this should not be means tested, I think it should be entitled to the weekly £71.00 Contribution-based Jobseeker's Allowance for 182 days, without putting at risk its spouse residency status as the UKBA shouldn't consider this as a breaking of the "no recourse to public funds" requirement. Would you agree with my understanding?

Also, my friend would like to continue exercising treaty rights, so it has started looking for a new job the moment it was notified the redundancy. While I am hoping it could land a new job straight away, we unfortunately understand that in the current business climate this may not be possible. My friend is currently exercising treaty rights as a worker, and my understanding is that if it is going to apply for the CBJSA at a Job Centre, it will still be considered a qualified person for the next 6 months. Would you agree with my understanding?

If so, should my friend apply straight away, or after its notice period will end or 3/4 working days before its ending? The employer may have offered to my friend to stay at home during the notice period.

Also, in the unfortunate case it may not be able to find a new job in 6 months, to claim self sufficiency, should my friend purchase a Comprehensive Sickness Insurance? Should I ask my friend if it is in possess of a valid European Health Insurance Card (EHIC) from its EU country of origin? Also, I don't know if its spouse retribution package include a private insurance, if so, should I suggest them to inquiry if that is covering both of them, and if may be considered a CSI?

[sheraz7]

So you know too much information about your eu friend and its non-partner too. Why either of them cannot ask the same directly.

[aledeniz]

So you know too much information about your eu friend and its non-partner too. Why either of them cannot ask the same directly.

Well, I did forewarn they are good friends, and clearly I know a lot more about them, I would expect them to know a lot about me as well

They could obviously ask themselves, as it happens a few days ago I had just asked my friend the permission to put forward those queries on this forum as I am not really an expert on those specific matters, and as I was verbally granted that, as I just happened to have some spare time Sunday afternoon, I just did that, and then I did actually provide them the link to this thread.
I am not sure what kind of importance this may actually have, I don't believe it should necessarily seen as unexpected to see a friend to make a very small favour to a good friend in what is not exactly the best of times. From my point of view it just means I do care about them, that's it

[sheraz7]

Its because an individual help seeker himself can better represent its queries and surely get valuable advises from forum especially from gurus, moderators and other senior members.

[Obie]

Try and clarify things, then one might be able to help.



1. How long was he in employment for?

2. Did the employment ceased voluntarily of involuntarily?

3. After it ceased, did he register with Job centre?

4. when he was working in another memberstate, was he residing in the UK or at least coming every week?

5. How long has he been living in the UK for?


Some of the answers may already be in your post, but as it is so large, i am feeling a bit sleepy going through it, and remembering everything i had read.

[EUsmileWEallsmile]

Its because an individual help seeker himself can better represent its queries and surely get valuable advises from forum especially from gurus, moderators and other senior members.

While it is true that an individual will normally is best placed to post their own questions, the OP had been up-front with his question and that is welcome.

[aledeniz]

1. How long was he in employment for?

He was employed from British employeers:
Nov 2006 - May 2007
Nov 2007 - Aug 2009
Aug 2010 - Jan 2013

In Jul - Aug 2009 he mostly lived abroad, working remotely, but he came back for 1 week of office life in Aug 2009.

2. Did the employment ceased voluntarily of involuntarily?

Involuntarily.

3. After it ceased, did he register with Job centre?

Not yet, he is still in his notice period.

4. when he was working in another memberstate, was he residing in the UK or at least coming every week?

In Jun 2007 - Oct 2007 he worked in EU for an EU employer.
In Sep 2009 - Nov 2009 he worked for an EU company, owned by a British citizen, who sent him out of the EU for a few weeks.
In Dec 2009 he moved out of the EU until Aug 2010.

Between Aug 2009 to Aug 2010 he was in the UK 1 week, in December.
Between Jun 2009 to Aug 2010 he was in the UK 2 weeks, in August and in December.

5. How long has he been living in the UK for?

6 years with 2 holes.

[Obie]

He should be able to secure PR and also claim those benefits.

[aledeniz]

He should be able to secure PR and also claim those benefits.

For the benefits, my understanding is as well that he should be able to claim the Contribution-based Jobseeker's Allowance without breaking immigration law. At the moment he is trying to get another job without claiming those, but I suspect that I should suggest him to notify the Job Centre he is looking for a job to certify he is actually looking for a job.

For the PR, I am not sure how. Isn't the Aug 2009-Aug 2010 too big a hole?
Also, take in account he did actually apply for the RCert through an EEA1 in January 2012 (not PR through EEA3!), together with his wife's EEA2 and they have yet to answer him back. They sent him back its identity docs because he requested them because they had an urgent trip, and afterwards they have given his wife the RC, but they haven't yet answered him. He has poked them, also with letters, but no signal has been forthcoming (I think it is close to 12 months at this point).

[aledeniz]

For the PR, I am not sure how. Isn't the Aug 2009-Aug 2010 too big a hole?

I re-read with full attention the Guidance Notes for applying as a European national, and at pag. 6 I found:

Additionally, a single absence of a maximum of 12 months for important reasons such as pregnancy, child birth, serious illness, study, vocational training or posting overseas will not affect your residence.

If you are referring to that:

• 1) Should he check if the dates in Aug 2009 and Aug 2010 are such that the period in between is less than 12 months?
  2) Is it going to be a problem the fact that he was actually in the UK for a week in December 2009? In other words, would that make 2 absences instead of one?
  3) If not, so if the absence is a single one, does it matter that from Dec 2009 to Aug 2010 he did work out of the EEA, for a local (non EEA) employer? I am asking because I would have understood "posting" as in being sent out of the EEA from a UK, or at least an EEA, employer.

[Obie]

Well, i believe you have more or less answered your own question, so i will not elaborate further.

If he was posted by a British Company for duties overseas, then he should be fine.