Today’s Post is about EU Citizens in the UK: QUALIFIED PERSONS, RETAINING WORKER STATUS FOLLOWING PREGNANCY
In my previous videos I’ve explained that in order for any EEA national to remain in the UK after 3 months, they should fall under the definition of a qualified person. There are 5 categories of qualified persons and in my previous videos I’ve explained the first two. In my last video I’ve explained 4 circumstances under which EEA nationals may retain their worker status.
In today’s video I’ll explain how any EEA national may retain her worker status following pregnancy.
If an EEA national becomes temporarily unable to work in the late stages of pregnancy, she can still retain her worker status and her right of residence in the UK. However, this only applies to workers, this does not apply to self-employed.
This is provided the EEA national returns to work or finds another job within a reasonable period. What is a reasonable period will always depend on the circumstances of each individual case. However it is likely that it will be interpreted in line with current maternity laws.
According to the Home Office guidance, pregnant women in employment will get 26 weeks maternity leave.
Up to 11 weeks before the expected week of childbirth and 15 weeks after childbirth. 15 weeks after childbirth is a very generous period. It was only 12 weeks before the UKVI published its guidance.