The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013

Regulation 6 (“Qualified person”) U.K.

3.  In regulation 6—

(a) in paragraph (2), for “regulation 7A(4)” substitute “ regulations 7A(4) and 7B(4) ”;

(b) for paragraph (2)(b), substitute—

“(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;”;

(c) after paragraph (2)(b), insert—

“(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;”;

(d) after paragraph (2), insert—

“(2A) A person to whom paragraph (2)(ba) applies may only retain worker status for a maximum of six months.”;

(e) for paragraph (4), substitute—

“(4) For the purpose of paragraph (1)(a), a “jobseeker” is a person who satisfies conditions A and B.

(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 six months unless he can provide compelling evidence that he is continuing to seek employment and has a genuine chance of being engaged.”.