Power comparison: Non-EU national with ILR vs EU national

[Universal soldier]

A general question need answer that except travelling difference who has heavier status inside UK if we compare non-eu national with indefinite leave vs EU national without PR??

[chriskv1]

Non EU National with ILR obviously. .

By EU national without PR I presume you are talking about someone who has not completed 5 qualifying years in the UK inorder to accquire PR status ?

[gozo1]

EU national without PR, even Non-EU family member with just a residence card have far more enforceable right than someone with ILR. Its no brainer that one.

[chriskv1]

EU national without PR, even Non-EU family member with just a residence card have far more enforceable right than someone with ILR. Its no brainer that one.

Really ? Someone with ILR doesnt have to be self sufficient , can claim all possible benefits and stay in the UK , while an EU citizen without PR status cant do any of these.

[chriskv1]

+edit : Really ? Someone with ILR doesnt have to be self sufficient,doesn't have to work , can claim all possible benefits and stay in the UK,Can claim maintenance funds as well from student finance right from the day they acquired ILR , while an EU citizen without PR status cant do any of these.What enforceable right do they have over someone with ILR ?

[gozo1]

One have to be in the UK for a purpose right? So even after attaining PR they will still continue to exercise treaty right which is normal, just as someone on ILR would be engaging economic activity to meet their needs.

No entry and exit stamps on EU citizens and family members.

High protection against removal, for example a 12 months conviction would instantly invalidate an ILR and the older will most likely be deported, the court has consistently held that someone with ILR is indeed in a precarious situation with regards their immigration position. Whereas EU citizens and family members have a higher threshold against removal. Their immigration situation can never be considered as precarious as long as treaty rights is being exercised.

Treaty rights can be exercised in the absence of RC or any document confirming such status, same as for EU citizens, ILR holder must show evidence of their ILR to assert their rights.

ILR holders are exempt from immigration control, same as EU citizens and family members.

An Immigration officer at port may revoke an ILR, they have no such power to revoke RC.

EU citizens and family members can claim almost all kinds of applicable benefits.

[chriskv1]

@gozo1 : OP is talking about someone who hasnt accquired PR status . How can an EEA citizen who hasnt accquired PR status claim all benefits without being at work and then accquire PR . What am I missing here ?

Plus aren't they going against the treaty rights if they are being a liability to the host state if they are contributing nothing to the society.?

[UKBA HUNTER]

One have to be in the UK for a purpose right? So even after attaining PR they will still continue to exercise treaty right which is normal, just as someone on ILR would be engaging economic activity to meet their needs.

No entry and exit stamps on EU citizens and family members.

High protection against removal, for example a 12 months conviction would instantly invalidate an ILR and the older will most likely be deported, the court has consistently held that someone with ILR is indeed in a precarious situation with regards their immigration position. Whereas EU citizens and family members have a higher threshold against removal. Their immigration situation can never be considered as precarious as long as treaty rights is being exercised.

Treaty rights can be exercised in the absence of RC or any document confirming such status, same as for EU citizens, ILR holder must show evidence of their ILR to assert their rights.

ILR holders are exempt from immigration control, same as EU citizens and family members.

An Immigration officer at port may revoke an ILR, they have no such power to revoke RC.

EU citizens and family members can claim almost all kinds of applicable benefits.

An RC issued under EU law still can be revoked at airport/port of entry if the EU national is not a qualified person. An EU national worker need to earn £149 a week for three months before claiming benefits but ILR holder can claim without such threshold. Most importantly if the upcoming 2017 referendum passed then EU nationals might not be able to freely enter UK and many restrictions will be introduced. Heavy convictions if EU national convicted they are also under high scrutiny and can be banned from travelling too.