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 ► After an application within the UK

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

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?

UK National Includes: ► Anyone born in the UK before 1 st January 1983 ► Most people with a British mother or Anyone with a British father married to their mother (Since 1 st 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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Habitual residence ► Appreciable period of time ► Settled intention ► Right to reside

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

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

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

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