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EU citizens being forced to get British passport
Hi
I haven’t been here for a long time, but today have been asked this question by a client from the Czech Republic.
The client has lived in the UK for around 15 years, worked for over 5 years, and has got permanent residence card.
The client has been getting JSA for a number of years as the client is 5 years from retiring.
The Jobcentre today told the client that she must have a British passport to continue claiming benefits.
I am absolutely gobsmacked as I believe this to be incorrect advice.
can someone please let me know if I am wrong and if I’m not wrong, how to challenge this?
thank you
No-one should be forced to apply for a British passport in this situation.
However, it is true that no-one can be 100% certain as to what arrangements will be in place for people in the position of your client post-Brexit and for some people, applying for a British passport might serve to enable them to be reassured that they will be able to keep living here, regardless of what Davis and his henchmen end up doing.
As things stand, having the PRC is intended to make applying for settled status post-Brexit more straightforward, see Status of EU citizens in the UK: what you need to know for more information.
Hi, thank you for your reply.
I understand that having British passport will make things a lot easier, however I have read on Gov.uk website that if someone has PRC then they will be able to apply for a ‘settled’ status, which will mean they will have the same rights as before and therefore there shouldn’t be a need for British passport.
the problem with applying for British passport for someone who is claiming JSA, is the finances, as to apply for naturalisation costs over £1000 and this is not possible for someone on benefits.
The point I wanted to know is can JCP stop someone’s benefits just because they don’t have British Passport, although they have PRC or if they have ‘settled’ status.
thank you
“The point I wanted to know is can JCP stop someone’s benefits JUST BECAUSE (my emphasis) they don’t have British Passport, although they have PRC or if they have ‘settled’ status.”
The short answer to that is No!
“The point I wanted to know is can JCP stop someone’s benefits JUST BECAUSE (my emphasis) they don’t have British Passport, although they have PRC or if they have ‘settled’ status.”
The short answer to that is No!
indeed. so long as the person satisfies the relevant legislation for claiming the relevant benefit, then having a passport is irrelevant
and note - UK citizens are not forced to apply for a passport either!
(i still don’t understand why we can’t have ID cards, TBH, would solve so many problems)
As per everyone else, permanent residence is sufficient to claim benefit indefinitely on an equivalent basis to a British citizen and there is no need to do anything else.
Having said that, I think that if someone presented to me along these lines, I would be wondering if there is something else going on. E.g. a negative right to reside decision has been made and your client has got the wrong end of the stick. It just seems such a stupid and obviously wrong comment for someone at the jobcentre to have made apropos of nothing.
EC Directive 38/2004 prevents member states from imposing narrow procedural restrictions on the exercise of Treaty rights. Passports in themselves (of whatever nationality) are not compulsory but simply sufficient. And Article 14(2) is quite clear:
“Union citizens and their family members shall have the right of residence provided for in
Articles 7, 12 and 13 as long as they meet the conditions set out therein.
In specific cases where there is a reasonable doubt as to whether a Union citizen or his/her family members satisfies the conditions set out in Articles 7, 12 and 13, Member States may verify if these conditions are fulfilled. THIS VERIFICATION SHALL NOT BE CARRIED OUT SYSTEMATICALLY (my emphasis)”.
Thank you for all your replies. I told the client there is no way JCP can stop benefit just because the person doesn’t have a British passport but the client is so worried. I see this so often when JCP give out wrong information to clients I don’t know whether they are not trained in this or what but with Brexit it seems JCP staff think once UK is out of the EU then EU citizens are not entitled to nothing. Just makes me a little bit annoyed. Thanks
You can make a complaint which is additional work for you and often leads to further frustration as the DWP complaints handling is often worse than their benefit administration but if we never complain, nothing ever changes.
T with Brexit it seems JCP staff think once UK is out of the EU then EU citizens are not entitled to nothing
they’re not the only ones thinking that
{quote] Just makes me a little bit annoyed. Thanks
only a little bit? you surprise me ........ :-)