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Immigration and Housing Rights

Immigration and Housing Rights . Nationality Law. This defines the country of which people are citizens Sets out the ways in which people can become citizens People generally hold passports issued by the country of which they are citizens. Immigration Control. Before Arrival On Arrival

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Immigration and Housing Rights

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  1. Immigration and Housing Rights

  2. Nationality Law This defines the country of which people are citizens Sets out the ways in which people can become citizens People generally hold passports issued by the country of which they are citizens

  3. Immigration Control Before Arrival On Arrival After an application within the UK

  4. Definition of Immigration Control and public funds Requires leave but does not have it Has leave subject to a condition that they do not have recourse to public funds Has been granted leave subject to maintenance undertaking

  5. Systems for managing immigration Managed migration (work, study, visiting) Family migration The asylum system Freedom of movement (EEA nationals) What are the evidence implications of each route?

  6. UK National Includes: Anyone born in the UK before 1st January 1983 Most people with a British mother or Anyone with a British father married to their mother (Since 1st July 2006 their parents don’t need to be married) Anyone naturalised or registered as British Anyone born in the UK after 1st January 1983 born to a British or settled mother (or father married to their mother)

  7. Immigration status NOT SUBJECT TO IMMIGRATION CONTROL UK nationals People with right of abode EEA nationals (enforceable treaty right)

  8. Immigration status SUBJECT TO IMMIGRATION CONTROL EEA national (freedom of movement only) Indefinite leave to Remain (settled) Refugee status Exceptional forms of Leave to Remain (HP/DL) Limited leave with eventual settlement Some workers, family members Limited leave with no eventual settlement Visitors, students, some workers

  9. Workers With settlement Highly skilled migrants Work permit holders Permit free employment Without settlement Sector based schemes Au pairs Working holidaymakers Replaced with tier based scheme

  10. Regulation 5 Refugees class A ELR class B ILR class C (except not HR and undertakings) Humanitarian protection class D Asylum seekers classes E

  11. Regulation 6 Ineligible Not HR Jobseekers 3 months right to reside Only right to reside derives from the Treaty Eligible Workers Self employed A8 workers Other EEA Montserrat Deportees Resettling British from Zimbabwe

  12. Europe 25 EU countries Of which 8 “A8” joined 1/5/04 (specific rules about labour market) 3 more in EEA Plus Switzerland A2: Bulgaria and Romania joined 1/1/07, rules on accession and labour market

  13. EEA Nationals’ Right to Reside EU Residence Directive 2004/38/EC Reg. 1612/68 Reg. 1251/70 Treaty of Rome Art 39 Treaty of Rome Art 18 Article 12 to the EC Treaty

  14. Initial Right to Reside EEA nationals have a right to reside in another member state for up to 3 months Public good test (policy, security or health) Unreasonable burden test

  15. Qualified right to reside A jobseeker A worker A self-employed person A self sufficient person A student

  16. Workers and the EEA Effective and genuine, not marginal or ancillary Can be a worker if low paid Work seekers are not workers Work in another state does not count Motives in getting work and length of time as unemployed before getting work are irrelevant

  17. Former Workers Is temporary unable to work as a result of illness or accident Recorded as involuntarily unemployed after having been employed Involuntarily unemployed and embarked on vocational training Voluntary ceased working and embarked on vocational training related to previous employment

  18. Permanent right to reside 5 years Retirement Permanent incapacity Work related accident or occupational disease

  19. Family members Spouse/civil partner/dependants Divorce/separation Custody Access Other circs e.g. domestic violence Children’s right to complete education Rights on death of principal

  20. A8 nationals Transitional scheme to April 30th 2011 A8 nationals have freedom of movement Self-employed do not have to register Existing workers in 2004 did not have to register unless they changed jobs Anyone who has worked legally 12 ms+ “becomes” EEA worker Must register within 30 days of starting work Costs £70 for card (only once) Must get certificate for each job

  21. A2 eligibility Bulgarian and Romanian nationals now EU nationals with same rights EXCEPT workers Self employed have EEA rights Economically inactive and students have EEA rights Students can work up to 20 hours but need registration certificates to do so Workers who have worked 12 months uninterrupted legally are EEA workers

  22. A2 workers with no restrictions Had leave to remain allowing them to work freely on 31/12/06 Working legally on 31/12/06 and had worked for 12 months on that date Spouse/civil partner of UK national or settled person Student with registration ceritificate not working more than 20 hours Posted to UK

  23. A2 workers Work authorisation or exemption needed Need Accession Work Cards or registration certificates Highly skilled migrants get blue registration certificate and no restrictions on work: eligible if working Skilled workers get prior authorisation for specific job and purple AWC Become EEA workers after 12 months work Eligible while employed

  24. A2 workers: low skilled Food processing or Seasonal Agricultural Work Scheme (SAWS) Eligible while working and become EEA workers after 12 months uninterrupted work (get blue registration card then) Food processing: purple AWC, allowed to work for up to 12 months SAWS: arranged through 9 SAWS operators, SAWS card, up to 6 months work, minimum 3 months break, can stay in UK if self sufficient, cannot do 12 months uninterrupted and become EEA worker

  25. Habitual residence Appreciable period of time Settled intention Right to reside

  26. Habitual Residence Test Test: ILR (‘settled status’) Some EEA UK nationals Right of abode Don’t test: Refugees ELR/DL/HP Asylum seekers EEA economically active Deported or removed to UK Subject to immigration control Resettling British from Zimbabwe

  27. National Assistance Act 1948 18+ “age, illness, disability or other circumstances are in need of care and attention which is not otherwise available to them” S. 21 Right to residential accommodation under part III of NA Act S 29 mental and physical handicap and illness: entitlement to assistance including meals, telephone, travel

  28. Children Act 1989 S 17 for families S 20 duty to accommodate child in need All children in need Take in conjunction with S. 17 Includes over 16s with or without families

  29. S54 Schedule 3 NIA Act 2002 People with refugee status elsewhere in EEA (para 4) Nationals of other EEA states (para 5) Failed asylum seekers who do not co-operate with removal directions (para 6) People in the UK in breach of the immigration laws who are not asylum seekers (para 7) Failed asylum seekers with children who have been notified they are not taking reasonable steps to return (para 7A) Exceptions: People exercising treaty rights (EEA) Breach of human rights Accommodation and support for people with children after removal directions Local authorities to send people with children back to EEA

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