Permanent residency rules for jobseekers

I understand that as a jobseeker a person (EEA national) is a qualified person under The immigration (EEA) Regs and therefore is legally residing etc. I also understand that if a qualified person has been continually legally residing in the country for 5 years they can be permanently resident in the country therefore have no need to have a right to reside to claim benefits and social housing etc.

But I have a client who has been in the country for over 5 years and claiming jobseekers for all of this time except for a 4 month period where she worked part time when a student. Would she fit into the definition of a jobseeker in the Regs which states “jobseeker” means a person who enters the United Kingdom in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged.

I am finding it difficult to think of arguments to say she has been seeking employment all this time but has actually only had a job for 4 months in 5 years…..

Any comments etc would be appreciated.

Thanks

I would argue that she must have already shown that she was seeking work and had a genuine chance of obtaining work in order to continue claiming JSA

I’m not sure what regulatory provision you are thinking of. The category of jobseeker was generally abolished in 2006. Now the only “jobseekers” who can claim are those who are temporarily and involuntarily unemployed after being in employment, but they remain technically workers.

There are some transitional protections but I can’t find exactly how and in what circumstances they work - I think it relates to a linked claim going back to before the change.

Thanks for your replies. I was referring to the EEA 2006 Regs and the definition of jobseeker in this regulation which states ““jobseeker” means a person who enters the United Kingdom in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged”

But I take the point made by Ariadne and I think this was why I was thinking can this be right. I was also thinking the same as Sean as an argument. I dont think the 4 month break is a problem like you say Tom since she was an acutal worker at this point.

Thanks for your help.

http://www.ait.gov.uk/Public/Upload/j2440/00474_ukut_iac_2011_iti_nigeria.doc

You might be interested in the above immigration case which my colleague Martin has circulated at CPAG - temporary absences may count as part of the 5 years although this contradicts SS caselaw.

Something I’m also suggesting people do to prove permanent RtR is get an EEA3 from UKBA.  Available free from here - http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea31.pdf . Not necessary but useful.