Page 1 of 1
1 day gap on treaty rights, could that be a problem?
Posted: Wed Aug 17, 2016 11:58 pm
by Shafytha
Hello guys,
Thank you in advance for your help, you are my only source of information!
I am working on my notice and my last working day will be August 30th.
I have been offered a new job but it will start on September 1st.
That means on August 31 I will not be exercising treaty right.
Any advice? I am not sure about registering myself as jobseekeer for one day because as far as i am concerned it takes at least two days to open a claim..
Do I have to worry?
Re: 1 day gap on treaty rights, could that be a problem?
Posted: Thu Aug 18, 2016 12:01 am
by noajthan
Shafytha wrote:Hello guys,
Thank you in advance for your help, you are my only source of information!
I am working on my notice and my last working day will be August 30th.
I have been offered a new job but it will start on September 1st.
That means on August 31 I will not be exercising treaty right.
Any advice? I am not sure about registering myself as jobseekeer for one day because as far as i am concerned it takes at least two days to open a claim..
Do I have to worry?
My understanding is it won't be an issue. No need to worry.
Re: 1 day gap on treaty rights, could that be a problem?
Posted: Fri Aug 19, 2016 9:20 pm
by Shafytha
Hi guys,
I' d like to update my situation:
my last working day will be on (Wednesday)August 31st, and my new job will start on September 5th (Monday).
(Thursday) September 1st I will register online as a jobseeker, And my intention is to stop the claim right when my new job will start (september 5th).
I know for sure that it takes few days for the jobcentre in order to arrange an interview for myself and only after the interview the claim will be opened...
Coyld someone please suggest me the best solution?! Is that the correct procedure to do?!
Re: 1 day gap on treaty rights, could that be a problem?
Posted: Fri Aug 19, 2016 9:30 pm
by noajthan
Its probably overkill and unnecessary.
If you really want to plug the gap why not go on a mini break abroad.
Continuity of resisence will be maintained if away less than 6 months.
Re: 1 day gap on treaty rights, could that be a problem?
Posted: Fri Aug 19, 2016 9:52 pm
by Shafytha
Thanks for the reply.
My worries is that I will not exercise treaty rights during this 4 days.
I do not want my future application to be rejected for not being a qualified person during this 4 days gap, and I have heard online some lawyers saying that even 2 days gap could be a problem because principle of proportionality will not be applied by the home office...
Technically is not possible be a jobseeker for few days but then when you applied they expect you not to have this gap..
Re: 1 day gap on treaty rights, could that be a problem?
Posted: Fri Aug 19, 2016 10:08 pm
by noajthan
Shafytha wrote:Thanks for the reply.
My worries is that I will not exercise treaty rights during this 4 days.
I do not want my future application to be rejected for not being a qualified person during this 4 days gap, and I have heard online some lawyers saying that even 2 days gap could be a problem because principle of proportionality will not be applied by the home office...
Technically is not possible be a jobseeker for few days but then when you applied they expect you not to have this gap..
Not sure who you've been talking to but I don't have reason to believe a couple of days will blow it.
Re: 1 day gap on treaty rights, could that be a problem?
Posted: Fri Aug 19, 2016 10:50 pm
by LilyLalilu
A few days are not going to be an issue but if it puts your mind at ease hop over to France or Belgium for a few days (or any other destination of your choosing

) as noajthan suggested. When abroad (and therefore free from immigration time restrictions), you are not required to exercise treaty rights, HO can't argue with that

Re: 1 day gap on treaty rights, could that be a problem?
Posted: Fri Aug 19, 2016 10:54 pm
by Grodan
Chill, technically you are employed already as your new job is already lined therefore the job centre wouldn't even accept your claim.
You would have a 4 day gap if you quite your job had nothing lined up and then on the 4th day found a job.
But no four days isn't enough to ruin anything neither here nor there but if you want peace mind take out comprehensive sickness insurance for a week or two covering that period and you then qualify regardless.