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Forum Home  →  Discussion  →  Residence issues  →  Thread

Genuine and effective employment

LibraryNerd
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Bassetlaw Citizens Advice

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Total Posts: 14

Joined: 9 August 2022

Hello clever people inside my computer,

I’m currently working with a Romanian with PSS. She applied for Universal Credit in April and was rejected on HRT grounds. She’s requested an MR and the decision was upheld. The decision notice states:

“Departmental evidence shows that your employment with [...] started on 10 February 2023 and you earned £2684.00. You told us that you last worked on 27 March 2023. From the evidence available and given the short duration of this employment, I am not satisfied your employment can be
considered “genuine and effective” and, as such, you do not have a right to
reside as a retained worker.”

She only stopped working as she was unable to get childcare for her four children, who are not in education.

Is it possible to demonstrate a right to reside on the basis of such a short period of employment?

Elliot Kent
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Total Posts: 3138

Joined: 14 July 2014

10 February 2023 - 27 March 2023 is 46 days = 6.6 weeks
£2684 / 6.6 = £404.67 per week
Minimum wage being £9.50 per hour at the relevant time, that is the equivalent to 42 hours work per week for this period.

Absent some unusual facts, this is clearly genuine and effective work to the point that the contrary isn’t seriously arguable.

See Barry v Southwark [2008] EWCA Civ 1440 (2 weeks work at Wimbledon) on this and also the unreported case KD v SSWP (2 weeks work at minimum wage in a factory) which I always insist on citing for some reason.

Where your case might be in more danger is the retention of status after the end of the work in circumstances where the work was given up to look after kids.

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