right to reside

  • Advising BME communities project


    page

    The advising black and minority ethnic (BME) communities project aims to support those working with both existing and new BME communities - including migrant workers, refugees and asylum seekers - to maximize potential income available through the benefits and tax credits system for families and individuals at the risk of poverty.

    This project provides a range of training, information, a quarterly ebulletin and support for organisations and those working with BME groups.

  • Residence and presence tests – in detail


    training course

    The operation of residence and presence tests for EEA nationals changes all the time, and with Brexit looming it is even more important to understand current social security rights for EEA nationals and their families. This experienced level course looks in detail at presence and residence requirements for EEA nationals in the UK, focusing on more complex areas and updates.

    The course covers:

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    Dates:
  • Right to reside and habitual residence

    Level: Standard

    training course

    This one-day standard level course looks at the operation of the right to reside and habitual residence tests in benefits and tax credits. It covers how these tests are satisfied, and focuses on the residence rights of those who face the greatest difficulties: European nationals and their family members.

    The course covers:

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    Dates:
  • Right to reside for the self-employed

    Last updated: June 22, 2017
    test case

    MH v Secretary of State for Work and Pensions C3/2015/2886

    The issue raised by this case in the Court of Appeal is whether the UK’s Immigration (EEA) Regulations 2006 must be read pursuant to EU law as providing a right to reside in the UK not only to EEA children in education whose parents have been employed persons, but also to those whose parents have been ­self-employed persons.  Regretfully the Court of Appeal has decided that there is no such requirement.

  • Right to reside – parent or carer of child in education


    factsheet

    This factsheet explains the right to reside in the UK that EEA nationals who are workers or former workers may have on the basis of having a child in UK education.

  • Upper Tribunal extends pregnancy right to reside

    Issue 248 (October 2015)
    article

    Mike Spencer looks at a recent Upper Tribunal decision on the residence rights of women who have to give up work during pregnancy and following childbirth.

  • Pregnancy - Right to Reside - Scope of Saint Prix

    Last updated: September 17, 2015
    test case

    UPDATE: The Upper Tribunal has allowed the appeal - the judgment can be downloaded on the right of this page [2015] UKUT 0502 (AAC).  Judge Ward found that the "reasonable period" for which a woman can have a right to reside during pregnancy and the aftermath of childbirth is 52 weeks (and not 26 weeks as proposed by the Secretary of State), subject to individual circumstances. There will be a summary of the judgment in the October 2015 edition of CPAG's Welfare Rights Bulletin.

    ADR v SSWP CIS/1288/2012 (Upper Tribunal (Administrative Appeals Chamber))

  • Residence rights round-up

    Issue 247 (August 2015)
    article

    Henri Krishna examines the most significant developments in residence-related rights for European migrants over the last year.

  • Genuine Prospect of Work- is this test lawful?

    April 2015
    article

    This is a paper drafted by Martin Williams setting out arguments as to the lawfulness of the "genuine prospect of work test" (requirement for compelling evidence etc) affecting EEA jobseeker's allowance (JSA) claimants. It was prepared for a talk at an AIRE Centre event

  • Right to reside: when 3 equals 6

    Issue 243 (December 2014)
    article

    Henri Krishna describes further reductions in rights to reside for jobseekers.