In AMS v SSWP (PC) (final decision) [2017] UKUT 381 (AAC), Upper Tribunal Judge Ward dismissed a Dutch widow’s appeal against the refusal of her claim for state pension credit on the basis that she had no right to reside in the UK. Although a disappointing result for Mrs AMS, the...
In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who,...
In the recent case of Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013), the Court of Justice of the European Union (‘CJEU’) ruled that welfare benefit legislation which automatically bars benefit to an EEA national from another Member State based on the right to reside requirement is contrary...
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority intervening) [2023] EWCA Civ 1307, meaning that people with pre settled status under Appendix EU are able to access universal credit in circumstances where they...
The problems faced by pre-settled status holders who cannot show a qualifying right to reside when trying to access benefits have been dragging on for several years. Notwithstanding their lawful immigration status, the Department for Work and Pensions (DWP) Regulations treat them as a person not in the UK and...
The Inner House of the Court of Session has rejected an appeal by HM Revenue and Customs against a ruling that newly recognised refugees are entitled to backdated child tax credit. The case is HMRC v Adnan [2022] CSIH 2. Mr and Mrs Adnan first applied for asylum in 2013...
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s Revenue and Customs [2021] EWHC 1845...
Citizens Advice reports that the number of migrants with no recourse to public funds asking for help claiming benefits has more than doubled during the coronavirus pandemic. In March, April and May, the charity fielded 1,538 enquiries about lifting the NRPF condition, compared to 731 in the same period last...
In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” test. The benefits affected by the decision are income support, child benefit, child tax credits, and housing and homelessness assistance....
The UK is required to provide support and assistance to victims of trafficking. The legal framework for providing this support is made up of two key provisions: The statutory guidance should be read alongside the Anti-Trafficking Convention. There may be inconsistencies between the guidance and the Convention. Do not assume that the...
Page contentsEU Citizens’ Access to Welfare Benefits: Past, Present and FutureIntroductionThe eligibility rules for EU citizensHow the rules developed over timeChanges since 2014Universal CreditFuture changes to in-work benefitsThe main types of benefitsWhen can EU citizens claim benefits? – a summaryEU citizens excluded from benefitsHousing AssistanceConclusionsFurther Reading EU Citizens’ Access to...
Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test. This post was originally published on the Garden Court Chambers Blog. The origins of the Commission’s action against the UK In European Commission v United Kingdom...
In January 2014, the Government introduced a number of measures aimed at restricting EEA migrants’ access to income-based JSA. A key change was the introduction of a statutory presumption that entitlement to income-based JSA (‘JSA(IB)’) would be limited to a period of three months (or six months for EEA nationals...
When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to jobless EU migrants, court rules (The Guardian), Landmark ECJ ruling boosts David Cameron’s bid to clamp down on EU benefit...
New rules restricting access to welfare benefits for new EU migrants including a six month statutory presumption for benefits paid to jobseekers. In this post Garden Court Chambers barrister Desmond Rutledge looks at how we got here, what are the new rules and what might follow next.
...“This is a very dark day for many families who will be unable to meet the … new income requirement” commented Sonia on the day the Home Secretary announced that the minimum income requirement for partners under Appendix FM was going to be raised. Her view is shared by many immigration...
Salary: up to £35244Hours: Full Time or Part Time Considered Central England Law Centre (CELC) is looking for an Immigration Solicitor/Caseworker to join our friendly Immigration Team. The successful candidate will be compassionate, committed individual who enjoys working within a team and with clients to resolve all their interconnecting legal...
On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old under Regulation 10A of the Asylum Support Regulations 2000 would be increased in line with the Department of Health and Social Care’s ‘Healthy Start’ scheme....
The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds, set out at paragraph 6 of the immigration rules. A person who deliberately claims public funds despite such...
The Home Office has recently updated its guidance to clarify that leave under the Hong Kong BN(O) route cannot be cancelled because of relationship breakdown. Background Like most other immigration routes, a dependent spouse/ partner under the Hong Kong BN(O) route needs to show the Home Office that they are...
Immigration lawyers tend to have a good grasp of the definition of a refugee. We can confidently recite the “well-founded fear” definition at Article 1(A)(2) of the 1951 UN Convention on the Status of Refugees (the “Refugee Convention”) which, if met, can lead our clients to a grant of refugee status....
The House of Lords’ Secondary Legislation Scrutiny Committee has published a report criticising the Home Office on two fronts. This is in relation to Draft Immigration (Age Assessments) Regulations 2023 and linked Draft Justification Decision (Scientific Age Imaging) Regulations 2023, and the Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations...
Diego Garcia did not have any sort of asylum system in place when it received its first asylum seekers in 2021. Following litigation, the British Indian Ocean Territory has for the first time put in place processes for protection claims to be lodged and decided there. What happens to people...
This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are fairly straightforward and simple for children and partners who existed at the time the refugee fled their country of origin. These...
There are certain general provisions which all applicants for family reunion must meet. The other requirements depend on the type of family member applying. Page contentsEligible sponsorsSpouses, civil partners and unmarried partnersProblem issues in spouse and partner casesChildren of the refugeeNot living an independent lifeWhere a child turns 18 before...
When someone is granted protection status in the UK, they may be able to sponsor family members to join them. This is often referred to as “refugee family reunion.” There are special rules that refugee family members benefit from which are set out in Appendix Family Reunion (Protection) of the Immigration Rules....
There are some common and recurring concepts that immigration advisers will encounter across the in their practice and those taking the level 2 assessments should have a good understanding of them. We look at some of the key ones here. Page contentsThe Immigration RulesDependantsSponsorshipNo recourse to public fundsFinancial requirementAdequate maintenance...
It has become fashionable for government ministers to refer to “bespoke” humanitarian schemes and such like, referring to programmes like those for Ukrainians and Hong Kongers. The illusory scheme for Afghans was once trumpeted as a “bespoke” scheme as well, but it has effectively been mothballed and some of those...
Today marks the 75th anniversary of the disembarking of the passengers on board the ship the HMT Empire Windrush at Tilbury docks on 22 June 1948. Even now, five years after the Windrush scandal broke, many well-informed and well-intentioned journalists, writers and policy-makers do not really grasp the true legal...
On 15 February 2023, the High Court yet again found that the Secretary of State’s policy prohibiting migrants from accessing mainstream welfare benefits was unlawful. The policy, known as the no recourse to public funds (NRPF) condition, was the target of two judicial review claims brought on behalf of destitute...
The Financial Times is reporting today that “around 141,000” EU citizens had their digital status updated to “refused” last month. Their applications were previously refused by the Home Office but for some reason their online status had not been updated. Online status is used by employers, landlords, banks, the NHS,...
The principle that every child has a right to a nationality is enshrined in international law. Article 7 of the UN Convention on the Rights of the Child provides: 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right...
The Home Office has finally responded to the Court of Justice of the European Union’s judgment in the case of VI v Her Majesty’s Revenue and Customs C-247/20, handed down on 10 March 2022, by updating its guidance on European Economic Area (EEA) national qualified persons. The update effectively concedes...
Article 1D of the Refugee Convention excludes people from refugee protection where they are in receipt, or are eligible to receive, another form of international protection from organs or agencies of the United Nations other than UNHCR. It states: This Convention shall not apply to persons who are at present...
Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and Customs. Page contentsBackground: non-working EU citizens needed health insuranceWhy did it take so long to decide that the NHS counts...
The Supreme Court has dismissed a challenge to the level at which the government has set the fees for children to register as British citizens. The court held that the government has been authorised by Parliament to set the level of the fees as it chooses. Currently, the fee is...
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 leaves the situation for these carers — non-EU parents...
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying legal issue. Interim relief followed...
Job details Role Title: Immigration/EUSS Programme Manager Grade: C Salary: £32,029 – £35,934 per annum pro rata, depending on experience Hours: Full time Contract: Permanent Location: London Reports to: Deputy CEO Background East European Resource Centre (EERC) is an independent charity that has been providing advice and support to disadvantaged...