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Eea Nationals Notes

LPC Law Notes > Immigration Notes

This is an extract of our Eea Nationals document, which we sell as part of our Immigration Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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EEA NATIONALS - Immigration (EEA) Regulations 2006 Regulation 6 qualified persons Job seekerDefined in 6(4) (a) entered UK in order to seek employment; or (b) is now present in UK seeking employment immediately after enjoying right to reside as a qualified person in another category Might provide evidence showing genuinely seeking employment and good chance of getting it Duration (6(7)): no longer than 6 months unless can provide compelling reasons/evidence and that continuing to look for work and good chance of getting it Reg. 6(8) allows 6 month periods over multiple occasions but not exceeding one. He must be absent from UK then re-enter. Absent for 12 months continuous or more - will be able to enjoy fresh status again. If less than 12 months then compelling reasons, evidence of employment prospect.


Defined in Reg. 4(1)(a), cross reference with Art 45 free movement of workers Employment could be part time (Levin v SoS for Justice [1982]) but not activities on small scale Reg. 6(2) EEA national who has worked in the UK but is currently not working may in certain circumstances still be classified as worker. Definition of worker ceasing activity is Reg. 5(2)-(5) such as EEA national residing more than 3 years and worked at least 12 months before ceasing activity. Also EEA national who resided in UK for at least 2 years before termination of work or self-employment due to permanent disability. IMPORTANT AS SUCH PERSON MAY STILL ACQUIRE PERMANENT RESIDENCY. Temporarily unable to work (6(2)(a)) and permanent incapacity (5(3))

Self employedDefined in Reg. 4(1)(b), cross reference with Art. 49 freedom to establish Reg. 6(3) EEA national unable to work temporarily due to illness, accident still retains status of self employed Definition of self-employed ceasing activity Reg. 5(2)-(5)

Self-sufficient personDefined in Reg. 4(1)(c) EEA national who has: i) Sufficient resources not to become a burden on the social assistance system of the UK during his period of residence

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