Our client is a Union Citizen who has been continuously in the UK since April 2006.

S had lived in the Netherlands for about 22 years prior to coming to the UK. He worked in Holland but did not have a job lined up on coming to the UK, and was subsequently only actually employed between June 07 to and September 08. He is now permanently disabled, having resided in the UK for over two years when he became so, and so therefore should still be treated as a worker under section 5(3)(a) & 5(3)(b)(i) of the Immigration (EEA) Regs 2006 (or, that's what we're arguing).

Do any of you have the case law about how long a person needs to actually work in the UK before he can be defined as a worker for the purposes of this reg? I remember seeing case law that puts this period at less than 12 months and I'm wondering if any of you know the case refs or have copies.

Thanks

I can't give you what you've asked for, but I would suggest, having looked at the reg you mention, that you also need some clarification as to the definition of the word 'resided' in 5(3)(b)(i).

My gut feeling says that it means resided in the context of 'right to reside'. Could be way of the mark, but worth a look I think.

Hi.

I don't know of any particular case law for 'worker' in this context. I think the normal 'worker' definition should be OK and so the work would have to be 'genuine and effective' etc. If he worked fairly solidly from June '07- Sept '08 that would be fine.

As to the 'resided' point, it's interesting that it doesn't say 'resided in accordance with these regs' like reg 15 (permanent residence after 5 years). I would argue that for reg 5 'residence' should mean just that and no more.

cheers Ros