As of November 10th 2014, the Home Office has amended the provisions for EEA Job Seekers. Through the Statutory Instrument; the Immigration (European Economic Area) (Amendment) (No 3) Regulations 2014 SI 2014/2671), the new regulations state that the relevant period during which jobseekers can enjoy the right to reside in the UK for 91 days.
European Union citizens also have the right to enter the UK for 3 months initially, so combined with the relevant period of 91 days, jobseekers may stay in the UK for period of 6 months.
After this period of 6 months, a jobseeker may only remain in the UK for the purposes of seeking employment, provided that they provide compelling evidence that they are continuing to seek employment and have a genuine chance of being engaged in employment. This is called the “compelling evidence” test.
It is currently unclear how the Home Office intends to enforce this requirement, as European Union citizens are not compelled to obtain a registration certificate. Applying for a registration certificate is not essential and is merely optional. In light of this, it may be difficult for the Home Office to keep a track of EEA jobseekers entering the UK, in order to subject them to the “compelling evidence” test.
If you have any questions relating to this recent change, please contact us.