IAT (i) To qualify as a ‘jobseeker’ under reg 6(1)(a) of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003) an EEA national must meet all three requirements set out at reg 6(4), including that he be a person who entered the United Kingdom in order to seek employment.
(ii) A person who is a jobseeker can also qualify as a ‘worker’ under reg 6(1)(b) but the requirements applied by ECJ case law in respect of workers-as-jobseekers are essentially the same as those set out in reg 6(1)(a).
(iii) In considering what period of time a jobseeker has to find work, 6 months may be a general rule of thumb, but there is no fixed time limit. The ECJ in Antonissen [1991] ECR I-745, Case C-344/95 decided that the period must be a ‘reasonable period’ and the assessment of what is ‘reasonable’ must be made in the context of each individual case. Thus it may sometimes be less, sometimes more, than 6 months. In all cases, however, the period in question must start from the date of the person’s arrival in the United Kingdom.
(iv) To satisfy the self-sufficiency requirement of the EEA Regulations, under reg 4(4) the resources of a family member cannot be aggregated with those of the EEA national where those resources are derived from past employment of that family member: W(China) and X(China) [2006] EWCA Civ 1494, GM and AM [2006] UKAIT 00059 and MA and others [2006] UKAIT 00090 applied.
(v) The burden of proof is on the applicant/appellant to establish any EEA right of admission or residence. A failure to substantiate any such right – for example by failing to produce relevant evidence – is likely to mean that the claim/appeal will fail.
Judges:
Storey, Grubb SIJJ
Citations:
[2007] UKAIT 00075
Links:
Statutes:
Immigration (European Economic Area) Regulations 2006 6(1)(a)
Immigration, European
Updated: 11 July 2022; Ref: scu.259283
