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Advising EU Migrants

Advising EU Migrants. Course Tutor – John Donkersley. EEA Nationals EU Countries. Austria Belgium Denmark Finland France Germany Greece UK. Irish Republic Italy Luxembourg Netherlands Portugal Spain Sweden. Non-EU, EEA countries. Iceland Liechtenstein Norway plus

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Advising EU Migrants

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  1. Advising EU Migrants Course Tutor – John Donkersley

  2. EEA NationalsEU Countries • Austria • Belgium • Denmark • Finland • France • Germany • Greece • UK • Irish Republic • Italy • Luxembourg • Netherlands • Portugal • Spain • Sweden

  3. Non-EU, EEA countries • Iceland • Liechtenstein • Norway plus • Switzerland

  4. EEA NationalsEU 'A8' Accession Countries • Cyprus • Malta • Latvia • Estonia • Lithuania • Czech Republic • Hungary • Poland • Slovakia • Slovenia

  5. A2 countries • Bulgaria • Romania and look out for EU association agreement rights for Turkish nationals

  6. Rights of residence • Right of admission | • Initial right to reside | • Extended rights of residence | • Permanent right of residence

  7. EEA Nationals'Qualified Person' • seeking work • worker • self-employed • “worker directive” • self supporting • Students • ...and family members of above • family member with retained rights • receiving paid services

  8. Worker Directivereg 6 (2) • temporarily unable to work because of illness or accident (emp & self-emp)‏ • involuntarily unemployed & signing on if - worked in UK > one year or - on vocational training - temporary lay-off from same employer • voluntarily unemployed but on vocational training relating to their previous work (not A8 / A2 but legal challenge is pending)

  9. Permanent Residence • 5 years in UK as qualified person, inc family member or FMR3 • Retired – last 12m work in UK + 3yr res in UK • Family member where • killed by industrial accident / disease or • lived with deceased q.p. for the 2 years before death • Worker 2yr+ in UK permanently incapable of work

  10. Family Members • Children (and other descendants) until 21* or if dependant • Spouse (even if separated & until divorce) • If dependant, ascendants • For students – spouse/cp & dependant kids only • Extended family ....... (*inc. these dependants of spouse/civil partner)

  11. Extended familyreg 8 These are also treated as 'family members' • partner in a durable relationship • dependant relative who lived in another EEA state in same household • relative req. personal care on serious health grounds • relative who would meet para 317 of immigration rules

  12. Extended family

  13. FAMILY MEMBERS WITH RETAINED RIGHTS OF RESIDENCE Death – Departure - Divorce • non-EEA where deceased & lived with them in UK 1yr before they died. Must work / self-emp. • Continuing in education • non-EEA divorcees who work or are self-employed where either • married 3 years inc 1+ in UK; or • custody of their child; or • access to a child in the UK; or • domestic violence

  14. EEA NationalsRegistration Cert.s • Free • issued to any qualifying person unless short term • EEA1 • 5 years validity (not students)‏ • Dependant's issued in line • not proof of the right to reside

  15. Forms • EEA1 – EEA rights + WRS after 1 yr • EEA2 – non EEA national • EEA3 – permanent residence • EEA4 – non-EEA permanent residence • VAF5 -EEA Family permit from abroad • WRS – Workers registration Scheme • FMRS – non-EEA family of WRS Right of Appeal to First Tier Tribunal if refused.

  16. Workers Registration Scheme • WRS application form • Apply within 1 month of starting work • £90 charge • Re-apply (no fee) if change employment • No ‘backdating’ if apply after 1 month • Full rights after 1 year continuous registered work ...but • ... only aggregate breaks up to 30 days

  17. Benefits with RTR test First 3 months & Initial right to reside No right on this basis alone, or as work seeker. Extended right to reside May claim unless student or self supporting Permanent right to reside No restrictions

  18. Habitual Residence3-Stage Test • Exempt? • Right to reside? • Habitually resident?

  19. Habitual Residence Test - exemptions • worker under EU law • right to reside under EU worker directive • refugee / ELR / HP / DL • non-PSIC deported to UK • post-Volcano Montserrat resident

  20. A8 Nationals and benefits 1st year • Unable to claim unless validly registered or exempt from registration • If so, exempt from HR test After 1 yr continuous WRS registration • Apply residence • Same rights to claim as non-A8 EU nationals • exempt from habitual residence test

  21. Child Benefit / tax credit • Paid if has right to reside and parent present • CTC payable without child ever in UK • CB – arguably same & certainly where temporary absence BUT • Look at income and benefits abroad • Must show responsibility and dependency

  22. EEA Housing Issues • Allocations • 'Tied Cottages' • Deposits • Overcrowding • Disrepair • Utilities • Bins and waste

  23. Educationnot including Swiss

  24. Exclusion from UKreg 21 • public policy *, or • public security, or • public health *#, or • where no right to reside*# BUT No automatic removal just for recourse to social assistance * not where has 10 yrs residence # not where has permanent residence

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