TCTM02073 - Entitlement: Residence rules - Right to reside: A worker and Jobseeker
The Treaty on the Functioning of the European Union - Article 45
Employed workers - European Economic Area (EEA) or Swiss nationals
The Court of Justice of the European Union (CJEU) [formerly European Court of Justice (ECJ)] interpreted a worker as a person who:
- undertakes genuine and effective work;
- under the direction of someone else;
- for which he is paid.
A person who is no longer working continues to be treated as a worker and remains a qualified person, if they:
- are temporarily incapable of work as a result of illness or accident
or
- are duly recorded as involuntarily unemployed after being employed in the United Kingdom, provided they registered as a jobseeker with the relevant employment office, and
- were employed for one year or more before becoming unemployed;
- were unemployed for no more than six months; or
- can show they are seeking employment in the United Kingdom and have a genuine chance of being engaged;
or,
- are involuntary unemployed and have started vocational training; or
- have voluntarily stopped working and started vocational training that is related to their previous employment.
A person who takes time off work in connection with childbirth or placement for adoption and intends to return to their employment once that leave expires remains a worker whilst on statutory leave from their employer.
The Immigration (European Economic Area) 2006 Regulations, regulation 6, (1) & (4)
Jobseekers - EEA or Swiss nationals
A person who comes to the United Kingdom to look for employment can have a right to reside for six months or longer provided they
- can show are genuinely seeking work. and
- have a genuine chance of getting a job