hi
i have a client that came to uk in november 2004 and has applied for pension credit in august 2005. Cl has norwegian nationality.

cl has been refused as cl cannot be treatde as habitually resident in the uk because he does not have a right to reside in the uk. therefore not entitled to pension credit.

decision has been made by a EU decision maker!! so as you may imagine lots of EU regs have been quoted.
Basically they are arguing reg 2 of PC regs 2002 as a person not in great britain, arguing that he does not have a right to reside. They have also argued that cl is not a worker etc under reg 5(1) of the immigration (EEA) regs 2000.

Basically i am really confused s i have not represented on an EU related matter before. Anyone have any ideas. Also cl does not have a a national insurance number and cannot get one.He has totally been refused. So i was wondering whether he would be entitled to the benefit anyway, because he did not have a NINO??? What i am tryingo say is that even if we went to tribunal and won, he might not get the benefit anyway because he does not have a NINO and is not entitled to one!

Has anyone ever come across this before???
thanks

Firstly the NINo should not be a problem - PS should arrange for one to be allocated in the normal way.

As regards the right to reside issue, have a look in the IS forum for many lengthy discussions of this. My view is that the right to reside rules breach Article 12 of the EC treaty in that they discriminate against non-British EU nationals. My standard submission is also available through a link in one of the discussions. Perhgaps Shawn or Ken could put in a link here?

There is a Tribunal of Commissioners sitting on 12 january to hear five test cases on right to reside generally.

Your client may have a clear right to reside anyway. Why did he come to the UK? Given his age, has he come to join children who are already working here? If so he has the right to reside as the family memeber of an EU worker. I can't remember the relevant EU reg off the top of my head but I can find it quickly enough if it's relevant.

Err, remember Norway is not a member of the EU!

It is a member of the EEA and EFTA.

Then it bloody well should join! Fancy missing out the chance to be harangued by Blair about the British rebate.

Good point, may change the position a bit. If your chap is here to join other family who are working he may still be able to show R2R as a family member, but I don't think the anti-discrimination argument would work quite the same way.

Being a member of the EEA is sufficient- I don't think you need worry about this.

A very easy way to argue the case would be if your client had a son or daughter (or grandson/granddaughter) who was working in the UK and who he was dependent on ("dependent" is not defined but could include simple things like being given accommodation, money, or care etc by the family). You would then be able to argue he had a right to reside as a family member of an EEA national.

The other arguments are a lot weirder and you should hope you don't need to read the other threads on those......

Martin.

hi martin

i may have to argue the other arguments s accoring to the submission client is currently living wit his partner only. I will need to clarify this when i finally get to see my client.

If you have any other suggestions please let me knw. I may have to wait for the commrs hearing on 12.1.06

thanks

hi

i would really appreciate it if you could point me in the right direction as to the regs re: residing as a family member of an eu worker.

thanks

hi just me again. Has anyone heard the latest yet regarding the 5 test cases that were heard by a tribunal of commissioners on the 12.1.06????

Please let me know as i have a case on the same matter
thanks

'Hearing was adjourned. Commissioners heard two full days of argument, but only the first of 5 test cases was completed. We've all got to go back again on 23-24 February for them to hear the other four cases.'

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=2209&mesg_id=2209&page=

Hi
has anyone heard the latest on these test cases? Has anything been decided yet as i want to read them all, they may assist me in relation to a right to reside case that i have.

salma

Salma-

sorry I missed your reply.

Regs....

Reg 2(1)(a) of SPC Regs provides for family members of EU workers (it is the bit about Council Directive 68/360/EEC etc).

Alternatively, just argue it direct from Article 10 of EC Reg 1612/68.

Is his partner a UK national or other European and is she/he working/have they worked?

sorry i have not replied i have been on holiday.

the partner is also an EEA national and has not worked in the uk. I can't access the europeam regs and articles as we do not have subscription to it at cab. If you have naything in support please do email me on s.jaffer@blackburncab.co.uk.

thanks for your help i may have to folow the familiy member argument. Cl is currently living with his daughter who is also an EEA national. However, there may be a problem because she is a part time student? cl also has children in uk but he is not dependant on them apart from this daughter that is currently studying part time so she can get a job, as she has also been refused JSA.

salma

Salma

You should be able to get free access via Eur lex from this site. Just go to toolkit at the top of this page and follow the links for european legislation.

Regards
Paul

Article 10
1. The following shall, irrespective of their nationality, have the right to install themselves with a worker who is a national of one Member State and who is employed in the territory of another Member State: (a) his spouse and their descendants who are under the age of 21 years or are dependants;
(b) dependent relatives in the ascending line of the worker and his spouse.
2. Member States shall facilitate the admission of any member of the family not coming within the provisions of paragraph 1 if dependent on the worker referred to above or living under his roof in the country whence he comes.
3. For the purposes of paragraphs 1 and 2, the worker must have available for his family housing considered as normal for national workers in the region where he is employed ; this provision, however must not give rise to discrimination between national workers and workers from the other Member States.

hi its salma

does anyone know what is happening with those 5 right to reside cases that were adjourned in february? has a decision been made, if so where can i access them

thanks salma

No decision yet, Commissioners suggested it should be made in June.