The Immigration (European Economic Area) Regulations 2006

“Qualified person”

6.—(1) In these Regulations, “ qualified person” means a person who is an EEA national and in the United Kingdom as—

(a) a jobseeker;

(b) a worker;

(c) a self-employed person;

(d) a self-sufficient person; or

(e) a student.

(2) [F1 Subject to [F2 regulations 7A(4) and 7B(4)], a person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—]

(a) he is temporarily unable to work as the result of an illness or accident;

[F3 (b) he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for at least one year, provided that he—

(i) has registered as a jobseeker with the relevant employment office; and

(ii) satisfies conditions A and B;]

[F4 (ba) he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for less than one year, provided that he—

(i) has registered as a jobseeker with the relevant employment office; and

(ii) satisfies conditions A and B;]

(c) he is involuntarily unemployed and has embarked on vocational training; or

(d) he has voluntarily ceased working and embarked on vocational training that is related to his previous employment.

[F5 (2A) A person to whom paragraph (2)(ba) applies may only retain worker status for a maximum of six months.]

(3) A person who is no longer in self-employment shall not cease to be treated as a self-employed person for the purpose of paragraph (1)(c) if he is temporarily unable to pursue his activity as a self-employed person as the result of an illness or accident.

[F6 (4) For the purpose of paragraph (1)(a), a “jobseeker” is a person who satisfies conditions [F7 A and B[F7 A, B and, where relevant, C]][F7 .]

(5) Condition A is that the person—

(a) entered the United Kingdom in order to seek employment; or

(b) is present in the United Kingdom seeking employment, immediately after enjoying a right to reside pursuant to paragraph (1)(b) to (e) (disregarding any period during which worker status was retained pursuant to paragraph (2)(b) or (ba)).

(6) Condition B is that the person can provide evidence that he is seeking employment and has a genuine chance of being engaged.

(7) A person may not retain the status of a worker pursuant to paragraph (2)(b), or jobseeker pursuant to paragraph (1)(a), for longer than [F8 six months[F8 the relevant period]] unless he can provide compelling evidence that he is continuing to seek employment and has a genuine chance of being engaged[F8 .]]

[F9 (8) In paragraph (7), “the relevant period” means—

(a) in the case of a person retaining worker status pursuant to paragraph (2)(b), a continuous period of six months;

(b) in the case of a jobseeker, [F10 182[F10 91]] days, minus the cumulative total of any days during which the person concerned previously enjoyed a right to reside as a jobseeker, not including any days prior to a continuous absence from the United Kingdom of at least 12 months.

(9) Condition C applies where the person concerned has, previously, enjoyed a right to reside under this regulation as a result of satisfying conditions A and B—

(a) in the case of a person to whom paragraph (2)(b) or (ba) applied, for at least six months; or

(b) in the case of a jobseeker, for at least [F11 182[F11 91]] days in total,]

[F9 unless the person concerned has, since enjoying the above right to reside, been continuously absent from the United Kingdom for at least 12 months.

(10) Condition C is that the person has had a period of absence from the United Kingdom.

(11) Where condition C applies—

(a) paragraph (7) does not apply; and

(b) condition B has effect as if “compelling” were inserted before “evidence”.]

Textual Amendments

F1 Words in reg. 6(2) substituted (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544) , regs. 1(1) , 5 , Sch. 2 para. 3

F2 Words in reg. 6(2) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 3(a)

F3 Reg. 6(2)(b) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 3(b) (with Sch. 3 para. 1 )

F4 Reg. 6(2)(ba) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 3(c)

F5 Reg. 6(2A) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 3(d)

F6 Reg. 6(4)-(7) substituted for reg. 6(4) (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 3(e)

F7 Words in reg. 6(4) substituted (1.7.2014) by The Immigration (European Economic Area) (Amendment) Regulations 2014 (S.I. 2014/1451), regs. 1, 3(2) (with reg. 4)

F8 Words in reg. 6(7) substituted (1.7.2014) by The Immigration (European Economic Area) (Amendment) Regulations 2014 (S.I. 2014/1451), regs. 1, 3(3) (with reg. 4)

F9 Reg. 6(8)-(11) inserted (1.7.2014) by The Immigration (European Economic Area) (Amendment) Regulations 2014 (S.I. 2014/1451), regs. 1, 3(4) (with reg. 4)

F10 Word in reg. 6(8)(b) substituted (10.11.2014) by The Immigration (European Economic Area) (Amendment) (No. 3) Regulations 2014 (S.I. 2014/2761), regs. 1, 3(2) (with reg. 4)

F11 Word in reg. 6(9)(b) substituted (10.11.2014) by The Immigration (European Economic Area) (Amendment) (No. 3) Regulations 2014 (S.I. 2014/2761), regs. 1, 3(2) (with reg. 4)

Modifications etc. (not altering text)

C1 Reg. 6 modified (temp from 1.7.2013 to 30.6.2018) (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations2013 (S.I. 2013/1460), reg. 1(1) (2) 7(1) (with reg. 11(8) )

C2 Reg. 6(1) excluded (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations2013 (S.I. 2013/1460) , regs. 1(1) , 5(1) (with reg. 11(8) )

C3 Reg. 6(2) excluded (1.1.2007) by Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317) , regs. 1(1) , 6(3)

C4 Reg. 6(2) excluded (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations2013 (S.I. 2013/1460) , regs. 1(1) , 5(2) (with reg. 11(8) )