Appealing - Migrant Worker Watch
Since I could not prove that I had been living in the UK for three years before starting my BA in Psychology (I could only provide documentation for 2 years and 7 months) I was advised to apply as a migrant worker. Before the start of my course I had been working for the same company as a retail assistant for more than a year and had a permanent contract. I sent all the documentation I was asked for and received the full package, thus I was considered as a migrant worker.
This year it has been completely different. I sent all the documentation in September. My situation was exactly the same, although I had a new permanent contract as I could not carry on working on weekdays. This contract establishes that the minimum of hours I have to work is 8, although as my payslips show (and I have also sent you by letter) the total amount of hours vary depending on the week. Before changing my contract, I contacted SFE explaining how I was unable to attend some of my lectures and tutorials and my need for changing my contract. Their answer was that it should be fine, as there is not a minimum of hours established that you have to work as a migrant worker.
In January, after waiting over 4 months, I was sent an email saying the following:
provide copies of your April to July 2015 payslips; of your December 2015 to date payslips, to enable us to additionally release your second installment; and copies of both your past and current contracts.
I sent ALL the documentation, including also around 10 payslips. A couple of weeks after I received my documentation back and MY PAYSLIPS HAD BEEN RIPPED OFF. In spite of this, I waited a couple of weeks more till I receive a letter refusing me the mantenience package on the grounds that The European Community defines a worker as a person involved in "a genuine and effective economic activity, excluding activities that are purely marginal and ancillary", although I am doing exactly the same job that I was doing a year ago.
I find this resolution unfair since:
1) I had been previously given the migrant worker status while doing exactly the same job for the same company.
2) I had been told by telephone that there were not a minimum of hours a migrant worker has to do in order to keep his status, therefore it was alright to change my contract.
3) The work I do is not marginal (I have got a permanent contract), nor ancillary (as UKCISA defines it as the work which is part of the course or work you were offered only because you have been accepted on a particular course). Besides, my work is lawful.
4) The definition you gave came from the D.M. Levin v Staatssecretaris van Justitie case. In the same case, it is established that work can be part time and low paid.
5) The Ingrid-Kuhn vs.FWW Spezial-Gebauderenigung GmbH &Co. KG case established that a person working 10 hours is a migrant worker.
6) The Judgment of the Court of 26 February 1992. - V. J. M. Raulin v Minister van Onderwijs en Wetenschappen. - Reference for a preliminary ruling: College van Beroep Studiefinanciering - Netherlands. - Non-discrimination - Access to education - Study finance. - Case C-357/89:this is probably what you have used to deny my application. However, it did not take into account the following statements that come from the same source:
- The concept of worker has a Community meaning and must not be interpreted in a restrictive manner.
- ..."the duration of the activities pursued by the person concerned is a factor which may be taken into account by the national court when assessing whether those activities are effective and genuine"... It has not been taken into account that I have been working in this country for almost 4 years, being 2 and a half in my current job. Furthermore, my hours have varied depending on the circumstances, but I work every week at least two days a week, being able to work more hours if necessary, and doing more hours than the ones established by my contract if called to do so. This leads me to this last point:
- "In assessing whether a person is a worker, account should be taken of all the occupational activities which the person concerned has pursued within the territory of the host Member State but not the activities which he has pursued elsewhere in the Community".
Thus, my questions are:
Why my payslips have been ripped off? If there is no reason to do so, can I make a complain about this?
What kind of documents do you need to appeal? Who is responable for assessing such appeal? (Hopefully you don't need me to send my payslips again). I would appreciate any advice about useful documents that you consider I need to send.
How do you write an appeal?How long does it take to receive an answer?
Does my appeal have any chances of being succesful taking into account the information given?
Thank you in advance.
October payment was made and so is January. All of a sudden, I received an update that my application for funding has been withdrawn and I have been overpaid because her work is maginal and ancillary. (Whatever that mean.)
Argument is that, SFE is well aware of her employment situation at the beginning of my studies, so it is not a case of her stopping work at the middle of the academic year.
Partner is also not a migrant worker at the beginning of my studies. How can I be then class a family member of a migrant worker?
Partner was also only unemployed for a month, she started working in November last year and works 16 hours per week.
any advice please😟