right to reside

  • Residence rights and wrongs

    Issue 242 (October 2014)
    article

    Henri Krishna reviews recent changes in rules1 about residence and benefits, concentrating on developments not already covered by articles on the 1 January 2014 changes in CPAG's Welfare Rights Bulletin 238 and the Saint Prix decision of the European Court of Justice in CPAG's Welfare Rights Bulletin 241.

    • 1. SI 2014/1451
  • Saint Prix and the right to reside for pregnant women

    Issue 241 (August 2014)
    article

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    Mike Spencer looks at a recent European Court of Justice decision with important findings about the right to reside of women who have given up work due to pregnancy.

  • Saint Prix v DWP: pregnancy and right to reside

    Last updated: June 25, 2014
    test case

    Jessy Saint Prix v Department for Work and Pensions C-507/12.

    The issue in this case is whether a French national who became temporarily unable to work due to pregnancy and childbirth and had no continuing employment rights retained her status as a 'worker' in EU law and therefore her right of residence in the UK when she claimed income support on grounds of pregnancy.  

  • New restrictions for migrants

    Issue 238 (February 2014)
    article

    Rebecca Walker, author of the immigration and residence rules section of CPAG’s Welfare Benefits and Tax Credits Handbook, explains the new residence requirements introduced from January 2014.

  • Right to reside: Breytastic!

    Issue 236 (October 2013)
    article

    Martin Williams discusses the implications of the recent judgment of the European Court of Justice in Brey, and whether it can be of assistance to European Union (EU) nationals who would otherwise fail to establish a right to reside in the UK.

  • Child benefit: the wrong residence test?

    Issue 234 (June 2013)
    article

    A Northern Ireland Social Security Commissioner has held that the right-to-reside test cannot lawfully be applied in child benefit cases. The successful claimant was represented by Patricia Carty of the Law Centre Northern Ireland. Martin Williams discusses the case.

  • Punakova: Whether formerly self-employed EU nationals with children in education in the UK have a right to reside

    Last updated: February 25, 2013
    test case

    Punakova C-148/11 (Joined with Czop C-147/11) - Right to reside test - Formerly self-employed workers with children in education - 'Baumbast' rights - Article 12 Regulation (EEC) 1612/68 on the freedom of movement of workers.

    This was a potential test case extending the scope of the “right to reside” test, which governs access to certain benefits for EU workers in the UK.  The question in this case was whether so-called 'Baumbast' rights also apply to the children of EU nationals who had previously been self-employed. 

  • CE/978/2011 - Polish national - lawfulness of 2009 extension of WRS (but see update 04/01/2013), proportionality of WRS

    Last updated: January 4, 2013
    test case

    Polish national - self sufficiency, unrevoked registration certificate, retrospective effect of registration certificate, lawfulness of 2009 extension of WRS, proportionality of WRS

    The claimant in this case is a Polish national who worked in the UK from 1/2/06 to 23/12/08. The period 8/2/08 to 23/12/08 was registered. The claimant also had an unrevoked registration certificate (residence permit).

  • Think of the children: right to reside through a child

    Issue 228 (June 2012)
    article

    Martin Williams sets out the situations in which a person may have a right of residence in order to facilitate the right of residence of a child. The article highlights recent changes in the DWP position and forthcoming cases in the ECJ.

  • 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. The course 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: