IAT 1. A person who has been a worker within the meaning of Community law does not cease to be a worker simply by virtue of falling unemployed, but he must be able to show that he has been genuinely seeking work and has not effectively abandoned the labour market.
2. In assessing whether a person has satisfied the condition that he is or has remained a worker, the national court must base its examination on objective criteria and assess as a whole all the circumstances of the case relating to the nature of both that person’s activities whilst in the Member State and any employment relationship(s) at issue.
Judges:
Story SIJ
Citations:
[2006] UKAIT 00025
Links:
Immigration
Updated: 05 July 2022; Ref: scu.240198