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permanent right of residence for a8 national ...
I have a cl. who came to uk from poland 27/07/06 and began working almost immediately. Worked continuously (as a registered worker) until July 2010 when they went on maternity leave. Maternity leave ended 21/01/11 and cl. has not worked or claimed benefit as they appear to have been incorrectly advised by JCP to claim I.S rather than J.S.A.
My question is will cl. gain permanent right of residence from 27/07/11 ?
Thank you for any help ...
My question is will cl. gain permanent right of residence from 27/07/11 ?
Thank you for any help ...
As far as I can see she will need to show she was incorrectly advised by JCP and get a FtT or UT to confirm this before gaining a permanenr right of residency up to 27/07/11. It will depend on the facts and her circumstances between Jan and July 2011. I would start with an appeal against asap.
As Dan correctly pointed out there are similar cases, as far as I’m aware, where decisions are still outstanding but as it stands case law says an EEA, as long as still employed, on maternity leave still counts as an employee but your case is compounded by the fact that she has been inactive from Jan to July 2011.
If she can show she retained “worker” status from Jan 2011, see CH/3314/2005, then I think she should be ok.
Thank you for those pointers, much appreciated ...