Post
by Obie » Mon May 30, 2011 6:02 pm
I think there is always a room for improvement. The directive states that a migrant worker who involuntary ceased work and engaged in any vocational training, should retain their status as a worker, it also states that a person who voluntarily ceased working, and engaged in an vocational activity relating to their previous work, should retain their status of worker as well, provided the nature of the vocational training is related to their previous employment.
The Minister transposed the opposite of what is required.
[quote]6. (1) Subject to Regulation 20, a person to whom these Regulations apply may reside in the State for
up to 3 months on condition that he or she -
(a) (i) where the person is a Union citizen, holds a valid national identity card or passport,
(ii) where the person is not a Union citizen, holds a valid passport, and
(b) does not become an unreasonable burden on the social welfare system of the State.
(2) (a) Subject to Regulation 20, a Union citizen may reside in the State for a period longer than 3
months if he or she -
(i) is in employment or is self-employed in the State,
(ii) has sufficient resources to support himself or herself, his or her spouse and any
accompanying dependants, and has comprehensive sickness insurance in respect of
himself or herself, his or her spouse and any accompanying dependants,
(iii) is enrolled in an educational establishment in the State for the principal purpose of
following a course of study there, including a vocational training course, and has
comprehensive sickness insurance in respect of himself or herself, his or her
spouse and any accompanying dependants, or
(iv) subject to paragraph (3), is a family member accompanying or joining a Union citizen
who satisfies one or more of the conditions referred to in clause (i), (ii) or (iii).
(b) Subject to paragraph (3), a family member of a Union citizen who is not a national of a
Member State shall be entitled to reside in the State for more than 3 months where the
Minister is satisfied that the Union citizen concerned satisfies one or more of the conditions
referred to in subparagraph (a)(i), (ii) or (iii).
(c) Subject to Regulation 20, a person to whom subparagraph (a)(i) applies may remain in the
State on cessation of the activity referred to in that subparagraph if -
(i) he or she is temporarily unable to work as the result of an illness or accident,
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(ii) he or she is in duly recorded involuntary unemployment after having been employed
for more than one year and has registered as a job-seeker with a relevant office of
the Department of Social and Family Affairs and FÃ
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