EU workers do not need to prove a “genuine chance of being engaged”

EU workers do not need to prove a “genuine chance of being engaged”
The UK Upper Tribunal has ruled that a test which examines whether EU citizens hold a “genuin chance of being engaged” to retain their worker status would undermine European law. By westkinassociates
KH v Bury MBC and SSWP 2020 This decision was in response to KH v Bury MBC and SSWP 2020 in which a case was brought up in defence of a Polish citizen (KH). The appellant needed to prove that she continued to hold her worker status despite being unemployed for 6 months so that she could receive her housing benefit. It was argued that under the 2006 and 2016 EEA regulations the appellant must provide evidence that she was searching for a job and had a genuine chance of being employed (engaged) so as to retain her status.
KH (the appellant) argued that this requirement was unlawful. She maintained that under the
Citizens’ Rights Directive, EU citizens are required to do two things
 Maintain an up to date record of involuntary employment
 Register as a job seeker
Adding a third criterion, a “genuine chance of being engaged”, KH argued, would undermine the directive. The Upper Tribunal sided with KH stating that such a test would be unlawful. The status of EU workers
Under the new Australian style points-based system, which will be rolled at the start of 2021, EU workers will have significantly more difficulty as Britain’s agreement to free movement with the European Union will end and they will be faced with the same difficulties as non-EU migrants.
All migrants seeking to come to the UK will need to secure 70 points under the new system which will favour highly skilled and well-paid migrants over low paid migrants. But it is important to note that low paid work is still incredibly valuable Much of the low paid EU labour is centred in specific industries such as social care, food production
and construction which will likely suffer as a result of this new migration system despite a majority of people believing that certain sectors such as social care should be exempt.
The points will be awarded based on salary; fluency in English; securing a skilled job; and educatio level amongst other factors.
It is important that EU nationals, as well as non-UK family members, who wish to remain within the UK after the end of the transition period secure their status through the EU Settlement Scheme.