EU worker detained by Borders Agency

I am representing an EU worker who has been detained by the Borders Agency who may decide to deport because of a traffic offence committed some time ago in the UK.  He has some chance of getting bail. His job has not been kept open, but his employer says that if there is a vacancy he will re=employ him.  Is he a “worker who retains worker’s status” for Housing Benefit purposes?  Thanks Ruth

Hmm, as far as I understand it, and this may or may not be of any use to you, if the EU worker is on remand and is subsequently found guilty of any offence the period in prison means he has no right to reside, If found not guilty and was exercising treaty rights prior to remand and after remand, the period counts (I assume because he as not left the labour market).

https://tribunalsdecisions.service.gov.uk/utiac/2013-ukut-316

Now, how this applies to your particular case, I’m not sure. Is the detention equivalent to remand? The fact the employer is open to re-employ him is a positive.

Thanks cha cha, this is exactly what I needed.  Ruth

Should have said, he was found guilty of the offences ages ago and has been in process of paying off the fines.  So he is not on remand waiting trial.  He is detained waiting a decision on whether to deport (which he can appeal). Why they decided suddenly that he should be deported I am not sure.  Anyway, we now have a starting point for arguing that HB should be in place.  Ruth