The European Commission have launched a case in the Court of Justice of the European Union (CJEU) against the United Kingdom. The case concerns the criteria for determining a person’s entitlement to social security benefits. The European Union apply the “habitual residence” rule whereas the United Kingdom uses a more restrictive “right-to-reside” test when determining if a non-British EU citizen in the UK is eligible for child benefit, child tax credit, income-based jobseeker’s allowance and State pension credit.
The European Commission alleges that the UK system discriminates against EU migrants and therefore breaches EU free movement laws. The Work and Pensions Secretary Iain Duncan Smith said that the Department of Work and Pensions fully intends to challenge this case. He said, “The right-to-reside part of our habitual residence test is a vital and fair tool to ensure that benefits are only paid to people who are legally allowed to live in Britain. We have always been clear that we believe our rules are in line with EU law.”
Click here to read an article from The Guardian about the case.
Click here to read the European Commission's press release.
Think tank Open Europe says in a blog article that the case centres on the key difference between the way that a person qualifies for social security assistance in the UK compared to many European countries. It says that the EU's current rules in this area are very complex and do not reflect the reality of different national systems in place. Open Europe says the UK should, “therefore avoid merely a narrow defence of its right to reside test but use this opportunity to settle this issue once and for all with root and branch reform.”
In related news, a UK All-Party Parliamentary Group on Migration has called for an independent review of the current visa financial rules for non-EU migrants. The Group's report, Report of the Inquiry into new Family Migration Rules, was launched on 10 June. Its findings and recommendations included:
- The introduction of an income requirement, and the restrictive list of sources permitted in order to meet it, have prevented some British people living with their families overseas from returning to the UK as a family - some families were in limbo as they were unable to return to the UK;
- Children, including British children, have been affected by the rules. In some cases, the non-EEA parent could not join them in the UK, leaving the children without a parent indefinitely, whereas in others, the British children were stranded overseas with their parents;
- The current income and saving sources do not fully reflect the real resources available to some families. In particular, the fact that neither non-EEA partner earnings (in entry clearance applications) or third party support can be drawn upon in applications, means that applications often cannot reflect the support that is really available to families;
Click here to read the Group's report.
The new rules, introduced a year ago, stipulate that only British citizens who can show they earn at least £18,600 a year can sponsor their non-European spouse’s visa. The Group said that thousands of Britons had been unable to bring a non-EU spouse to the UK since the financial rules were introduced. Baroness Hamwee, chairwoman of the inquiry told the BBC that the Group had been, “struck by the evidence showing just how many British people have been kept apart from partners, children and elderly relatives.”
The Home Office have said that the rules are designed to ease the burden of migration on the taxpayer. Click here to read an article from the BBC.
Meanwhile, last week a group of United Nations Special Rapporteurs presented their annual thematic reports during meetings with the Human Rights Council. The Special Rapporteur on the Human Rights of Migrants, François Crépeau, called on the EU to incorporate a human rights approach to migration policy rather than focusing on security concerns.
A one-year study of the rights of migrants in the Euro-Mediterranean region was carried out by Mr Crépeau. It focused on the management of the external borders of the EU in key transit countries, Turkey and Tunisia, as well as two of the main entry points – Greece and Italy. He called on the EU to address the factors that affect irregular migration in Europe, such as the demand for a seasonal, low-skilled, easily exploitable workforce. Instead, the Special Rapporteur invites the EU to open up more regular immigration channels that more accurately reflect the labour needs of the EU.
Click here to read an article from the UN News Centre.