I have already gone through a lot of papers and though the feeling is that it is a no hoper, I am hoping that somewhat I am missing an important point in this case.
Client is a Polish National who came to the UK in 2001 on a student visa and resided here since. Since then, she has done various job as a waitress and care worker.
Between January 2002 and Sept 2003, she worked for the same employer and then did not uninterrupted job with the same employer lasting over 12months till May 2005 when she started her last employment with ended in January this year.
In April 2005, she got married to a British National with whom she had a son in June 2005. However that relationship has now ended due to domestic violenece and she is in a refuge.
Throughout her time in UK, she has always been in employment but never registered her work with the BA.

1. I have run through The 2004 Regulation section 2 but am I wrong to think that she is an Accession state worker requiring registration?

2. Can her over 3 years marriage to a British national provide another route round the R2R? She never applied for leave as the spouse to her British husband as she did think it necessary and worthwhile.

This is a real head banger and I would really appreciate any feedback

Regards,

Francis Ngale

If she was working legally on 30th April 2004 in the job that ended in May 2005 and didn't have a break in that employment of more than 30 days then she isn't worker subject to authorisation. She needs to have done 12 months authorised work which includes registered work but also work begun legally before 30th April 2004 without the need for it to be registered: reg 7(2)(a) of the Acession (Immigration & Workers Registration) Regs 2004

If as at 30/4/2004 she had been continuously working for 12 months, she didn't need to register. I think the marriage to British national is a red herring - he wasn't exercising treaty rights and she didn't have leave as spouse, so no there's no mileage there.

Arguably has a permanent RtR as in Lassal, but as CoA have just made a reference to the ECJ on that one, she may be safer claiming JSA - I cannot see any difficulty with a RtR as jobseeker.