right to reside

  • CIS/1224/2007– Regulation 1408/71, Directive 2004/38/EC

    Last updated: February 13, 2012
    test case

    The issues in this case are as follows:

    1. Whether Article 10a EC Regulation 1408/71 means that an EU national who is habitually resident in the UK has a right to receive special non-contributory benefits

    2. Whether an EU national who is unable to work due to his/her partner’s illness retains a right of residence

  • Permanent residence: settled

    Issue 226 (February 2012)

    Martin Williams provides a round-up of the caselaw on when a European Economic Area (EEA) national or her/his family member will have a permanent right of residence as a result of residing in the UK for five years.

  • EU Charter of Fundamental Rights: the dog that hasn’t barked...yet

    Issue 225 (December 2011)

    Graham Tegg considers whether a possible new approach to an existing piece of European Union (EU) law may be of assistance to claimants faced with negative right to reside decisions.

  • Right to reside: the aftermath of Patmalniece

    Issue 223 (August 2011)

    Graham Tegg discusses the Patmalniece decision.

  • The right to reside: interim payments pending the outcome of an appeal

    Issue 222 (June 2011)

    There are two near certainties in a disputed right to reside case. The first is that it will raise complex issues of EU law, domestic immigration law and social security law. The second is that it will take an age for the matter to be resolved. This article, by David Simmons, addresses the issue of whether, pending the ultimate outcome of an appeal, is there any provision or principle of EU law that potentially entitles EU nationals challenging negative decisions to be supported in the meantime.

  • Right to reside and self-employment: a review

    Issue 220 (February 2011)

    Martin Williams looks at some of the issues for claimants arguing a right of residence sufficient to claim means-tested benefits based on self-employment.

  • Right to reside: pending court cases

    Issue 219 (December 2010)

    Martin Williams considers ‘right to reside’ cases currently pending before the courts and how to advise claimants.

  • ‘Baumbast’ residence rights: more questions than answers

    Issue 218 (October 2010)

    Graham Tegg examines unresolved questions relating to residence rights following Ibrahim and Teixiera.

  • Court of Appeal victory in 'Pedro': mums in the ascendancy

    Issue 211 (February 2010)

    Graham Tegg reports on a CPAG test case.

  • Right to reside: some positive case law

    Issue 213 (December 2009)

    Graham Tegg reports on some positive developments from the European Court of Justice (ECJ).