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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
If you got right of appeal and have you exercised it? Have you got proof that after 6 months you were still searching for work, and had a reasonable chance of securing employment?stanik wrote:Hi everyone! Just got refusal of EEA3.. reason (same as above) beeing on JSA for more than 6 months.. - as I know person is treated as Worker if worked in UK for more than 1 year! Of course I did! a lot more than a year and was dissmised (so sad) - and I dont undertsant why Home Office indicated me as jobseeker who cant be unemployed for more than 6 monts??! and also they stated I cant claim JSA as it is public funds!
IS TRUE?? as I know not - I have reg certif. I worked al lot.. and by goverment's rules must register with Job Centre if I am unemployed.. when you are with JC you get JSA!!! what is the problem??
Why HO refused my application??
I have same right as British! and HO officially breach my rights! Any help? Any good solicitor? to help resolve the situtation? Thanks
I'm going to appeal. I was employed for one year or more before becoming unemployed - that mean i'm a worker - this is one proof. Also when applied for JSA I passed Habbitual Resdinet Test - i'm not unreasonable burden to the UK purse - second proof.Obie wrote:If you got right of appeal and have you exercised it? Have you got proof that after 6 months you were still searching for work, and had a reasonable chance of securing employment?stanik wrote:Hi everyone! Just got refusal of EEA3.. reason (same as above) beeing on JSA for more than 6 months.. - as I know person is treated as Worker if worked in UK for more than 1 year! Of course I did! a lot more than a year and was dissmised (so sad) - and I dont undertsant why Home Office indicated me as jobseeker who cant be unemployed for more than 6 monts??! and also they stated I cant claim JSA as it is public funds!
IS TRUE?? as I know not - I have reg certif. I worked al lot.. and by goverment's rules must register with Job Centre if I am unemployed.. when you are with JC you get JSA!!! what is the problem??
Why HO refused my application??
I have same right as British! and HO officially breach my rights! Any help? Any good solicitor? to help resolve the situtation? Thanks
You may have a basis under article 21 of the treaty, provided you can show you were not an unreasonable burden to the UK purse.
There may be strong basis to challenge this decision.
1. At first one did you mean involuntarily UNemployed? - yes I was dismissed and I made a complaint to employment tribunal..Obie wrote:You have few hurdles to overcome.
1. Yes you are right, the fact that you were employed for a year or more means you can retain your status as worker, provided
- You were involuntarily employed
- You are registered with the Job centre.
Were you voluntarily or involuntarily employed?
2. The EEA regulation, as opposed to the directive, does not differenciate between people who were employed for a year or less. They require that the length of unemployment for both categories should not exceed 6 months, or these people should show they have a reasonable change of securing employment if it exceeded 6 months.
I believe it is contrary to the requirement of the directive, which differentiate between these two categories.
Yes you are right, people who have been employed for a year before they were made involuntarily unemployed, through redundancy, should not be required to show after 6 months that that they have a realistic chance of securing employment. I believe this is clearly wrong.
You have a though but winnable fight ahead of you, and i wish you all the success for the future.
Please note that it is important you get this issue resolved, as it will affect you hugely in future, in applying for benefits, for which the right to reside test is require, or should you wish to apply or sponsor, relatives from overseas.
Dear Mr...EUsmileWEallsmile wrote:What did the refusal letter actually say?
EEA reg 2006 says:Obie wrote:Yes you are correct, i meant involuntarily unemployed.
According to the EEA regulation 2006, being involuntarily employed, is not the end of the matter. You will only be able to retain your worker status for 6 months, and after that period, you have to show that you have a good chance of seeking employment, if you have not found one by then.
Ok. But would you agree that here (in example), in semi colons between (a) and (e) is (or) or (and)? Or it indicates that the person claiming rights under this regulation has to meet the a,b,c conditions and either the c or d condition. Sounds silly isn't it?Obie wrote:You may be excused for thinking the semi colon between i and ii indicates they are mutually exclusive, however that is not the case, and the courts have not been interpreting it that way so far. The fact that there is an (or) between ii and iii, indicates that it is the interpretation of the UKBA, that the person claiming rights under this regulation has to meet the 1 condition and either the 2 or 3 condition.
Thanks a lot! I will fight!Obie wrote:This Compliance studies states that i , ii and iii are disjunctive, which is what i believe it should be. In several cases i have seen, the UKBA have argued it is cumulative as opposed to alternative or disjunctive. The directive and the case law indicates they are two different categories of beneficiaries, and they should be addressed differently. I believe you have a good case, but be prepared for a bit of fight.
Let me know when the appeal is coming up, and if i am available, i may be able to offer assistance.
You are also right to say that Semi Colon by definition, separate two independently linked categories, therefore they should be alternative, but the UKBA have argued in court, and so far some judges have agreed with them that they are right.