| | RE: jobseeker allowance-problemy
On 01/07/2004 Mr holo, a Polish national, came to the UK to work. He lives with his wife , who is not employed, and their two children .
He found work with:
• ... Restaurant from 01/07/2004 to 01/09/2004, end date not verified.
• .................. from 01/09/2004 to 01/12/2005, end date not verified. Worker Registration certificate issued 01/04/2005 gives the job start date as 10/01/2005.
• ........... from 01/11/2005 to 08/01/2010, end date not verified. Worker Registration certificate issued 21/10/2008 gives the job start date as 21/11/2005.
Mr holo has provided copies of his Worker Registration Card No: ........ and Worker Registration Certificates No: A8/............. as detailed above.
Accession State nationals are required to register their employment within one month of the start date, otherwise, the employment is only treated as being duly registered from the date of issue of the Certificate and they are required to provide verification of the end date of employment.
Mr holo has therefore not shown that he has worked for a full 12 months, with a cumulative break of less than 30 days, in employment registered with the Worker Registration Scheme.
He has claimed Jobseeker's Allowance (Income Based) from 14/01/2010.
On the evidence provided, I have decided that from 14/01/2010 Mr holo does not have a right to reside and consequently is not habitually resident in the UK because he is not a qualified person as defined by regulations 2(4) and 5(2) of the Accession (Immigration and Worker Registration) Regulations 2004 or as defined by regulation 6(1 )(d) of the Immigration (European Economic Area) Regulations 2006.
The above right to reside and habitual residence decision was made in accordance with regulation 85A(1) and (2) of the Jobseeker's Allowance Regulations 1996.