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Can non polish EU citizens claim unemployment assistance here?


posts: 7

vndunneThreads: 72
Posts: 340
Joined: Jan 12, 07 ♂ 		 Feb 2, 12, 17:30    #1
Just a general query...and No, i am not looking to claim unemplyment assistance.

Just arising from a news story in ireland,can non-polish EU citizens claim unemployment assistance here?

Vincent
HarryThreads: 62
Posts: 8,508
Joined: May 2, 07 ♂ [Suspended] 		 Feb 2, 12, 17:35    #2
Technically yes; however, unless the law has changed recently, all foreigners must be able to support themselves financially while in Poland and failure to be able to do so can be grounds for deportation.
vndunneThreads: 72
Posts: 340
Joined: Jan 12, 07 ♂ 		 Feb 2, 12, 17:37    #3
Is that even for EU citizens??
delphiandomineThreads: 42
Posts: 9,954
Joined: Nov 25, 08 ♂ [Suspended] 		 Feb 2, 12, 18:34    #4
vndunne:
Is that even for EU citizens??


In law, yes - after 3 months, you should either be able to support yourself or get out. If you remember the recent deportations from France of the Roma - it was under this law.

However - if you've got the EU residence certificate, then that's a whole new question - I'm pretty certain they can't then deport you under this law (as you'll have a valid zameldowanie). Interesting legal minefield, though.

vndunne:
can non-polish EU citizens claim unemployment assistance here?


Yes - provided they have the EU residence certificate and they also comply with the relevant laws on being eligible for unemployment cash.

I'm sure it burns Polish-Americans inside that we superior Brits can claim cash from Poland and they can't.
RevokeNiceThreads: 21
Posts: 2,766
Joined: Jun 20, 09  Pictures: 1 ♂ 		 Feb 2, 12, 18:47    #5
(16) As long as the beneficiaries of the right of residence do not become an unreasonable burden
on the social assistance system of the host Member State they should not be expelled.
Therefore, an expulsion measure should not be the automatic consequence of recourse to the
social assistance system. The host Member State should examine whether it is a case of
temporary difficulties and take into account the duration of residence, the personal
circumstances and the amount of aid granted in order to consider whether the beneficiary has
become an unreasonable burden on its social assistance system and to proceed to his
expulsion. In no case should an expulsion measure be adopted against workers,
self-employed persons or job-seekers as defined by the Court of Justice save on grounds of
public policy or public security.


Article 7
Right of residence for more than three months
1. All Union citizens shall have the right of residence on the territory of another Member State for
a period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State; or
(b) have sufficient resources for themselves and their family members not to become a burden on
the social assistance system of the host Member State during their period of residence and
have comprehensive sickness insurance cover in the host Member State;

Article 14
Retention of the right of residence
1. Union citizens and their family members shall have the right of residence provided for in
Article 6, as long as they do not become an unreasonable burden on the social assistance system of
the host Member State

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:00 77:0123:en:PDF
HarryThreads: 62
Posts: 8,508
Joined: May 2, 07 ♂ [Suspended] 		 Feb 2, 12, 18:58    #6
^ The key phrase there is 'unreasonable burden': to Poland any burden at all is unreasonable.,
GustavThreads: 2
Posts: 59
Joined: Sep 30, 11 ♂ 		Edited by: Gustav  Feb 2, 12, 19:18    #7
delphiandomine:
I'm sure it burns Polish-Americans inside that we superior Brits can claim cash from Poland and they can't.


You mean the Brits who blindly follow girls to Poland?

A superiority in spinelessness perhaps Michael!


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