http://www.openeurope.org.uk/research/freemovement.pdf
JAJ read it again and stop interpreting...read it again, all my spamming posts ...
The European Court of Justice is likely to strike down any attempts by
member states to discriminate against people from other member states.
The Court has already made a series of rulings breaking down the distinction between workers’ right of free movement and the right of non-economically active people to free movement. The new directive marks a significant further step in this direction.
3) Permanent right of residence after five years – without having to work
• The new directive also specifies that any EU citizen or member of their
family who lives in the UK for more than 5 years has to be granted a right of permanent residence, granting them full rights of UK citizenship and equal
access to welfare benefits.
• This right is not linked to having worked in the UK at all and therefore the right of permanent residence is acquired by virtue of not being expelled within five years. The Government expressed concern about this, telling the European Scrutiny Committee that, “we have concerns that the current wording …
would allow EU nationals and their family members to gain permanent residence even if they had not met the conditions of Chapter III
[Right of Residence] for four years by working, studying, or being selfsufficient.”• The Government promised that, "The UK delegation will push to ensure that the text is changed so that only those EU nationals and family members who met the conditions of Chapter III would be entitled to permanent residence."9 Unfortunately the Government did not succeed in getting these changes made.
Residency and welfare rights in the directive
1. All EU citizens are given an automatic right of residence for up to three
months in another member state with no strings attached, such as the need
for self-sufficiency. (Dir. Art. 6)
2. Once an EU citizen has worked for a year in the host state then he is
entitled to all the social security and other benefits of a home national.
This can only be denied if the host state can show that either he was
voluntarily unemployed or is not looking for work (Dir. Art. 7.3(a) and 24.1.)
3. Once an EU citizen has done any form of employment in the host state,
including a short fixed term contract, then he will be entitled for at least 6
months to the same social security benefits as a home national (Dir. Art.
7.3(b) and 24.)
4. An EU citizen cannot be expelled simply because he is drawing benefit:
“An expulsion measure shall not be the automatic consequence of a Union
citizen's or his or her family member's recourse to the social assistance
system of the host Member state”(Dir. Art. 14.3.)
This undermines the rights of the host state to demand that a non-working
EU citizen must show that they are self-sufficient in order to be able to
reside in the UK (Dir. Art. 8.4).
5.
As long as an EU citizen can say that he is genuinely looking for work, they and their family members cannot be expelled (Dir. Art. 14.4.)
6. EU citizens will retain their right to reside in another member state “as long as they do not become an unreasonable burden on the social assistance system”. However, legal experts have queried whether it would ever be
possible for national authorities to prove in Court that the burden imposed
by one claimant or their family was “unreasonable”. This is extremely
significant, as the right to residence is the normal test of eligibility for most
benefits. (Dir. Art. 14.1)
7. After 5 years of legal residence, an EU national is entitled to permanent
residence and has full entitlement to draw benefits as enjoyed by home
nationals (Dir. Art. 16.)
As the right to reside is not linked to any status as
a worker but to citizenship, all that is required for 5 years of legal
residence is simply not to have been expelled.
Stop it JAJ and look at it man they are doing a mistake , not the citizens...read what was the purpose of the directive on the first place.
HO don't have a policy anymore, they think they have but this is not the fact anymore, they are simply the ones who should put the policy in practice and not interpret it in the way they like.
Serious this is my last post on this topic, god luck everyone.
