Retaining Worker Status when in prison for short period

We are trying to determine a Portuguese client’s right to reside. He has been here a long time, since 1992,  so we are firstly looking at whether he has a permanent right to reside by pursuing the usual lines of enquiry i.e. work history, periods job seeking, gaps between status’ etc.  Its proving hard as the client is homeless, and with physical and mental health problems, and had several periods in prison.

My question is more about his current right to reside if we are unable to establish a permanent right to reside. His last period of work was from August 2014-Feb 2015 and then he became temporarily unable to work due to poor health and is still unwell. So far so good as long as we can evidence the work and then the incapacity for work then he will have retained worker status.  However my concern is that he has had two separate periods in prison since February although both were brief at 2 weeks. I am aware that while you are in prison you cannot be a qualified person and therefore can not have a right to reside but would these two short gaps be enough for him to have lost his retained worker status?

CHC - 23 November 2015 03:27 PM

However my concern is that he has had two separate periods in prison since February although both were brief at 2 weeks. I am aware that while you are in prison you cannot be a qualified person and therefore cannot have a right to reside but would these two short gaps be enough for him to have lost his retained worker status?

You have good reason to be concerned, because he can’t retain the “worker” status whilst in prison, and you can’t regain a status you have lost in such a manner.

But :

See the thread below, maybe useful? Depends on your set of facts and what your fact finding develops.

http://www.rightsnet.org.uk/forums/viewthread/8892/