Our client is a Union Citizen who has been continuously in the UK since April 2006.
S had lived in the Netherlands for about 22 years prior to coming to the UK. He worked in Holland but did not have a job lined up on coming to the UK, and was subsequently only actually employed between June 07 to and September 08. He is now permanently disabled, having resided in the UK for over two years when he became so, and so therefore should still be treated as a worker under section 5(3)(a) & 5(3)(b)(i) of the Immigration (EEA) Regs 2006 (or, that's what we're arguing).
Do any of you have the case law about how long a person needs to actually work in the UK before he can be defined as a worker for the purposes of this reg? I remember seeing case law that puts this period at less than 12 months and I'm wondering if any of you know the case refs or have copies.
Thanks
|