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If you are copying/quoting someone, basic courtesy is to give credits.askmeplz82 wrote:Well by law it may not be a problem but Home office may question and may refuse your application
When is a Union citizen/an EEA national deemed to be a worker under EU law?
It depends on a concrete assessment of the specific circumstances of each case whether a Union citizen/an EEA national, including a Danish national, is deemed to be a worker under EU law. What is crucial is whether a person has had genuine and effective employment. Accordingly, employment appearing to be a mere marginal supplement is excluded from the scope of application of the concept. It is therefore normally a condition that the relevant employment was for at least 10-12 hours a week.
According to the jurisprudence of the European Court of Justice it is normally a requirement that the applicant has been employed for a minimum of 10-12 hours per week, see judgment Kempf (C-139/85) and Megner and Scheffel (C-444/93).
In the case of Kempf the employment in question was 12 hours per week, and in the case of Megner and Scheffel the European Court of Justice has ruled that paid employment where the working hours normally do not exceed 18, 12 or even 10 hours per week do not exclude that the person is regarded a worker under the EU legislation.
In the judgment of Genc (C-14/09) the European Court of Justice established criteria for the purposes of the concrete and individual assessment of whether an employment for less than 10-12 hours per week is genuine and effective. These criteria may be the entitlement to paid leave, remuneration during illness, the duration of the employment, and a collective agreement applies to the employment. The employment in the mentioned case was 5,5 hours per week.
Hi Gledow,Gledow wrote:When my wife applied for EEA2, one of the reasons it was refused was because I was only working 7.5 hrs at the time. Here is the wording of that part of the refusal:
'...it is noted that your EEA national sponser's hours of work are detailed as 7.5 hours per week and his wage is £X per month before deductions. As you have not provided any other evidence of additional employment or other income or benefit details, it is concluded that you have failed to provide sufficient evidence to demonstrate that your EEA family member is currently a qualified person in the UK as a worker, as detailed under Reg 6 of the Immigration (EEA) Regs 2006.'
allenboo wrote:Hello. Please can someone share opinion on this as I have had disagreement with someone over this.
For example, the eu national was self employed, paid national insurance. The tax return indicate business incomeof aabout 1600 and profit (after deduction) is 1160 for the year. Will this be classed as marginal and ineffective, being that the eu national is a domestic cleaner, putting about 16 hours of work per week, but charging on average of 3 pounds per hour for the jobs.
Look forward to hear from the experts or others with similar experience.