Regulation 6 “Qualified person”F1C1
In these Regulations, “qualified person” means a person who is an EEA national and in the United Kingdom as—
a jobseeker;
a worker;
a self-employed person;
a self-sufficient person; or
a student.
F2Subject to F3regulations 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—
he is temporarily unable to work as the result of an illness or accident;
he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for at least one year, provided that he—
has registered as a jobseeker with the relevant employment office; and
satisfies conditions A and B;
he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for less than one year, provided that he—
has registered as a jobseeker with the relevant employment office; and
satisfies conditions A and B;
he is involuntarily unemployed and has embarked on vocational training; or
he has voluntarily ceased working and embarked on vocational training that is related to his previous employment.
A person to whom paragraph (2)(ba) applies may only retain worker status for a maximum of six months.
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.
For the purpose of paragraph (1)(a), a “jobseeker” is a person who satisfies conditions F8A and BA, B and, where relevant, C.
Condition A is that the person—
entered the United Kingdom in order to seek employment; or
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)).
Condition B is that the person can provide evidence that he is seeking employment and has a genuine chance of being engaged.
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 F9six monthsthe relevant period unless he can provide compelling evidence that he is continuing to seek employment and has a genuine chance of being engaged.
In paragraph (7), “the relevant period” means—
in the case of a person retaining worker status pursuant to paragraph (2)(b), a continuous period of six months;
in the case of a jobseeker, F1118291 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.
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—
in the case of a person to whom paragraph (2)(b) or (ba) applied, for at least six months; or
in the case of a jobseeker, for at least F1218291 days in total,
unless the person concerned has, since enjoying the above right to reside, been continuously absent from the United Kingdom for at least 12 months.
Condition C is that the person has had a period of absence from the United Kingdom.
Where condition C applies—
paragraph (7) does not apply; and
condition B has effect as if “compelling” were inserted before “evidence”.
Annotations
Textual amendments
- F1
Regulations revoked (1.2.2017) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), Sch. 4 para. 1 (with savings and modifications for regs. 7A, 7B in Sch. 4 para. 2)
- F2
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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
- F3
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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)
- F4
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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 )
- F5
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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)
- F6
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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)
- F7
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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)
- F8
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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)
- F9
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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)
- F10
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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)
- F11
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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)
- F12
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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
- C1
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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
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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
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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
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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) )