IS? ESA? JSA?  ????

Has she ever worked here?

Yes, but the details are a bit sketchy as yet, but further clarification is to follow.  But she does have some work in the past.

Thank you.

Patrick

Then if she ticked yes to the question on the hab’ res’ part of the IS form “are you looking for work” then she could have a right to reside following the court of appeal’s decision in Elmi providing one of the following apply.

“he/she is in duly recorded involuntary unemployment after having been employed for more
than one year and has registered as a job-seeker with the relevant employment office;”

or

“he/she is in duly recorded involuntary unemployment after completing a fixed-term
employment contract of less than a year or after having become involuntarily unemployed
during the first twelve months and has registered as a job-seeker with the relevant
employment office. In this case, the status of worker shall be retained for no less than six
months”;

hi nevip ... can’t open that attachment?!

cheers - shawn

Try this.

http://www.bailii.org/ew/cases/EWCA/Civ/2011/1403.html

here’s an older discussion re elmi too ... http://www.rightsnet.org.uk/forums/viewthread/2311/#9680

And for the meanig of the term “involuntary unemployment” see attachment.