Advice for International Students:
Advice for UK students:
Case law on EEA migrant worker/Swiss ‘worker’
| NAME OF CASE AND REFERENCE (Natural Number) | RELEVANT POINTS FROM THE CASE |
| Deborah Lawrie-Blum vs. Land Baden-Württemberg. Case 66/85. |
For those who are employed there are three essential elements of the work relationship. The work must be work:
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| D.M. Levin v Staatssecretaris van Justitie. Case 53/81 |
Work must be genuine and effective to the exclusion of activity which is purely marginal and ancillary. Work can be part-time and low paid |
| Steven Malcolm Brown v The Secretary of State for Scotland. Case 197/86 |
Definition of ‘ancillary’
Had it not been for acceptance on a course of study, the work would not have been undertaken. An example of ancillary work is a work placement that is part of your course. |
| Brian Francis Collins v Secretary of State for Work and Pensions Case C-138/02 |
A ‘work seeker’ is not a ‘worker’ who is entitled to social and tax advantages. Student Support is considered a social and tax advantage. |
| Secretary of State for Work and Pensions v Maria Dias [2009] EWCA Civ 807 |
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| M. L. Ruzius-Wilbrink v Bestuur van de Bedrijfsvereniging voor Overheidsdiensten Case C-102/88 |
Someone who worked 18 hours a week was considered to be a ‘worker’. (However, see Raulin) |
| Ingrid Rinner-Kuhn v FWW Spezial-Gebaudereinigung GmbH & Co. KG Case 171/88 |
Someone who worked 10 hours a week was considered to be a ‘worker’. (However, see Raulin) |
| R.H. Kempf v Staatssecretaris van Justitie Case 139/85 |
Teacher who gave 12 lessons a week and had a low income was considered to be a ‘worker’ |
| V. J. M. Raulin v Minister van Onderwijs en Wetenschappen Case C-357/89. |
Those undertaking contracts can be ‘workers’. However: “The national court may...when assessing the effective and genuine nature of the activity in question, take account of the irregular nature and limited duration of the services actually performed under a contract for occasional employment. The fact that the person concerned worked only a very limited number of hours in a labour relationship may be an indication that the activities exercised are purely marginal and ancillary. The national court may also take account, if appropriate, of the fact that the person must remain available to work if called upon to do so by the employer.” |
| Franca Ninni-Orasche v Bundesminister fur Wissenschaft, Verkher und Kunst Case C-413/01 |
The end of fixed term contract does not necessarily mean that migrant is voluntarily unemployed. |
| Sylvie Lair v Universitat Hannover Case 39/86 |
If there is a sufficient link between work and studies taken thereafter migrant retains ‘worker’ status. |
| Ezgi Payer and Others v Secretary of State for the Home Department Case C-294/06 |
A migrant can be ‘worker’ and ‘student’ at the same time. However, see 'EEA 'migrant worker'/Swiss 'worker'' if you are a Bulgarian or Romanian national |
| Udo Steymann v Staatssecretaris van Justitie Case 196/87 |
Can be remunerated by payment in kind (not necessarily money). |
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