EEA Nationals - 'Genuine and effective work' definition

EEA nationals - 'Genuine and effective work' definition

The decision regarding whether work is 'genuine and effective' is based on European case law, and is assessed on a case-by-case basis.

The decision maker should consider the following:

  • Whether the work was regular or intermittent (regular work will be favoured)
  • The period of employment (in general longer periods would be favoured. However a short period of work with long hours that was terminated unexpectedly might also be perceived favourably)
  • The intended period of employment at the outset (if the work was intended to be long term, but was terminated by the employer unexpectedly and/or the worker became unwell unexpectedly this would be taken into consideration)
  • The number of hours
  • The level of earnings

Voluntary work does not qualify. ‘Cash-in-hand’ work might qualify in certain circumstances if there is evidence of the work taking place (e.g. payslips, some kind of work agreement). ‘Zero hour’ contracts will be assessed individually.

If you have not earned an average of £166 (in 2019/20) per week over 3 months, but you think your work or self-employment should be considered 'genuine and effective' you may need specialist help to put your case forward.   



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