Apologies if this has already done the rounds. In CIS/4237/2007, if an Accession national obtained registered work for 7 months, and then went on maternity leave. The commissioner decided that during the maternity period the person was still a qualifying worker. We have a client in a similar position, but they are self-employed. Should the principle of this case law still apply? We think yes, but are a little wobbly.

A8 self employed nationals can bypass the Accession Regs - they have a right to reside via the 2004 directive. You don't have to use case law for this. A self employed person can keep self employed status during a period of maternity - see CIS/1042/2208. Should be no problem in this case.

Many thanks