The migration system with the European Union is quite a simple arrangement; Treaties, Directives and Regulations are put into place for European Union (EU) citizen members. If you are not a European Union citizen then the system becomes more complex with boundaries for entry.
European law is the highest form of law within the EU, for example it will overpower British Acts of Parliament. If you are a citizen of a member state that is a member of the European Union then you will be allowed residence under Treaty Article (TFEU, Treaty of the Functioning of the European Union) 20 where your citizenship is recognised. By being a member of the European Union you are able to move freely within other member states of the EU, this is confirmed in Article …show more content…
It completely removed any entitlement to mainstream benefits for asylum seekers, they created instead a parallel system. Section 115 of the Act is a status related barrier to support, this applies to people outside the European Union. For example if you are in the UK as a student with a student visa, you will have student status to be in the UK, but if then you undertake part time work of a maximum 15 hours and then become full time, the border agency will claim that you cannot be committed to studying and also undertake full time work. The border agency can remove your student status, and then you would be in the UK unlawfully, but then be subject to s115 and liable for removal. If you are a student and break your student visa conditions you are subject to ‘immigration control’. Somebody subject to immigration control would be a non-EU national, you can 't be subject to it if you are a EU national, unless you have other basis for being whats called a qualified person under the Immigration (European Economic Area) Regulations. These set out in effect European Union law, it gives effect to Directive 2004/38. It says that you can reside in the UK but you cannot claim social assistance, you can claim contributory benefits if you have the contributories from your country, but what you cant get is main benefits like tax credits and income support. You are …show more content…
European Union members of course have a right to free movement to the UK, have a right to live in the UK, but with that, that does not mean that they have a right to reside, if you do not have sufficient sources, or are not working and do not have any other basis, such as being a job seeker, you are then therefore subject to immigration control.
Being a European Union citizen member you have the right to free movement within member states. Your rights for this will be found under Article 45 TFEU, bearing in mind this only applies to the movement of workers and not for the right to reside. The article in particular does not give a definition of the term ‘worker’, but a somewhat definition is given from the case of Lawrie-Blum, the Court of Justice held that ‘worker’
European law is the highest form of law within the EU, for example it will overpower British Acts of Parliament. If you are a citizen of a member state that is a member of the European Union then you will be allowed residence under Treaty Article (TFEU, Treaty of the Functioning of the European Union) 20 where your citizenship is recognised. By being a member of the European Union you are able to move freely within other member states of the EU, this is confirmed in Article …show more content…
It completely removed any entitlement to mainstream benefits for asylum seekers, they created instead a parallel system. Section 115 of the Act is a status related barrier to support, this applies to people outside the European Union. For example if you are in the UK as a student with a student visa, you will have student status to be in the UK, but if then you undertake part time work of a maximum 15 hours and then become full time, the border agency will claim that you cannot be committed to studying and also undertake full time work. The border agency can remove your student status, and then you would be in the UK unlawfully, but then be subject to s115 and liable for removal. If you are a student and break your student visa conditions you are subject to ‘immigration control’. Somebody subject to immigration control would be a non-EU national, you can 't be subject to it if you are a EU national, unless you have other basis for being whats called a qualified person under the Immigration (European Economic Area) Regulations. These set out in effect European Union law, it gives effect to Directive 2004/38. It says that you can reside in the UK but you cannot claim social assistance, you can claim contributory benefits if you have the contributories from your country, but what you cant get is main benefits like tax credits and income support. You are …show more content…
European Union members of course have a right to free movement to the UK, have a right to live in the UK, but with that, that does not mean that they have a right to reside, if you do not have sufficient sources, or are not working and do not have any other basis, such as being a job seeker, you are then therefore subject to immigration control.
Being a European Union citizen member you have the right to free movement within member states. Your rights for this will be found under Article 45 TFEU, bearing in mind this only applies to the movement of workers and not for the right to reside. The article in particular does not give a definition of the term ‘worker’, but a somewhat definition is given from the case of Lawrie-Blum, the Court of Justice held that ‘worker’