Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013

UTIAC 1. Although the question whether Article 7(3) of Directive 2004/38/EC deals exhaustively with the circumstances in which a jobseeker can retain the status of a worker in EU law has been held by the Supreme Court in Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 49 to require a reference to the Court of Justice, a woman who has left the labour market in order to look after children does not retain her status as a worker in EU law: Secretary of State for Work and Pensions v Dias [2009] EWCA Civ 807 applied.
2. The effect of the concession made by the Secretary of State in the course of the present case (after consultation with the Department for Work and Pensions and HM Revenue and Customs) is that a person who has been employed but after falling unemployed seeks employment again (i.e. a ‘second-time’ jobseeker) can potentially fall within regulation 6(4) of the Immigration (European Economic Area) Regulations 2006 applying the twofold test set out in Antonissen C-393/96 P(R) [1997] ECR 1-441.
3. A further concession made by the Secretary of State in the course of the present case is that for the purposes of new regulation 15A of the same Regulations (if not also as a matter of Court of Justice jurisprudence) the primary carer of the child of an EEA national/Union citizen who has been employed in the host Member State is entitled to a derivative right of residence once that child has entered into reception class education. The Secretary of State has indicated that the definition of ‘education’ is to be reviewed.

Storey, Peter Lane, Ward UTJJ
[2013] UKUT 00315
Bailii
England and Wales

Immigration

Updated: 17 November 2021; Ref: scu.513572