The Immigration (European Economic Area) Regulations 2006

“Qualified person”

6.—(1) In these Regulations, “qualified person” means a person who is an EEA national and in the United Kingdom as—

(a)a jobseeker;

(b)a worker;

(c)a self-employed person;

(d)a self-sufficient person; or

(e)a student.

(2) [F1Subject to [F2regulations 7A(4) and 7B(4)], a person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—]

(a)he is temporarily unable to work as the result of an illness or accident;

[F3(b)he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for at least one year, provided that he—

(i)has registered as a jobseeker with the relevant employment office; and

(ii)satisfies conditions A and B;]

[F4(ba)he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for less than one year, provided that he—

(i)has registered as a jobseeker with the relevant employment office; and

(ii)satisfies conditions A and B;]

(c)he is involuntarily unemployed and has embarked on vocational training; or

(d)he has voluntarily ceased working and embarked on vocational training that is related to his previous employment.

[F5(2A) A person to whom paragraph (2)(ba) applies may only retain worker status for a maximum of six months.]

(3) A person who is no longer in self-employment shall not cease to be treated as a self-employed person for the purpose of paragraph (1)(c) if he is temporarily unable to pursue his activity as a self-employed person as the result of an illness or accident.

[F6(4) For the purpose of paragraph (1)(a), a “jobseeker” is a person who satisfies conditions [F7A and B[F7A, B and, where relevant, C]][F7.]

(5) Condition A is that the person—

(a)entered the United Kingdom in order to seek employment; or

(b)is present in the United Kingdom seeking employment, immediately after enjoying a right to reside pursuant to paragraph (1)(b) to (e) (disregarding any period during which worker status was retained pursuant to paragraph (2)(b) or (ba)).

(6) Condition B is that the person can provide evidence that he is seeking employment and has a genuine chance of being engaged.

(7) A person may not retain the status of a worker pursuant to paragraph (2)(b), or jobseeker pursuant to paragraph (1)(a), for longer than [F8six months[F8the relevant period]] unless he can provide compelling evidence that he is continuing to seek employment and has a genuine chance of being engaged[F8.]]

[F9(8) In paragraph (7), “the relevant period” means—

(a)in the case of a person retaining worker status pursuant to paragraph (2)(b), a continuous period of six months;

(b)in the case of a jobseeker, [F10182[F1091]] days, minus the cumulative total of any days during which the person concerned previously enjoyed a right to reside as a jobseeker, not including any days prior to a continuous absence from the United Kingdom of at least 12 months.

(9) Condition C applies where the person concerned has, previously, enjoyed a right to reside under this regulation as a result of satisfying conditions A and B—

(a)in the case of a person to whom paragraph (2)(b) or (ba) applied, for at least six months; or

(b)in the case of a jobseeker, for at least [F11182[F1191]] days in total,]

[F9unless the person concerned has, since enjoying the above right to reside, been continuously absent from the United Kingdom for at least 12 months.

(10) Condition C is that the person has had a period of absence from the United Kingdom.

(11) Where condition C applies—

(a)paragraph (7) does not apply; and

(b)condition B has effect as if “compelling” were inserted before “evidence”.]