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Who is a 'worker' and what counts as 'genuine' work?

Once you start work in the UK as a paid employee you acquire 'worker' status except where your work is not considered to be genuine or is defined as 'marginal'. If you work full-time (other than on a temporary contract) you could establish your worker status in as little as two weeks. If you work part-time, it may take longer and will depend on the facts in your case (e.g. how many hours you work, the rate of pay, regular or irregular pattern, etc.). As a worker you have the right to continue to live in the UK and to access social security benefits and housing.

To qualify as a worker the work that you do must be:

Although you should not be denied worker status just because your earnings are so low that they need to be supplemented by benefits (e.g. tax credits and/or housing benefit), if you are claiming benefits as a worker or former worker and your earnings are too low to pay national insurance (£242 per week from July 2022), the benefits authority may decide that your work is or was marginal. A number of factors should be considered before deciding that the work that you do is marginal or not effective or genuine. These include:

These factors must be considered as a whole and the absence or presence of one cannot be considered as being conclusive.

Registered unemployment: retained worker status and jobseeker status

The law treats unemployed EEA workers, retired workers and EEA jobseekers differently: