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Housing Rights of A8 Nationals from 1st May 2011 (13 June 2011)

Date: 13/06/2011
Duncan Lewis, Housing Solicitors, Housing Rights of A8 Nationals from 1st May 2011

By Erol Izzet

Knowledge of immigration law is imperative to understand homelessness law as a housing lawyer. This is especially in respect of the law governing the rights of EU nationals. When a housing authority proposes to allocate accommodation under Part 6 or Part 7 of the Housing Act 1996 (the parts that govern the allocation of social housing and the eligibility of homeless applicants for housing assistance), it must decide whether the applicant is eligible for an allocation or homelessness assistance. This decision rests on an assessment, of issues primarily concerning an applicant’s immigration status and the nature of his or her residence in the UK.

Under section 160A(1) and (3), and 185(2) of the 1996 Housing Act a person from abroad who is subject to immigration control (PSIC) cannot be allocated social housing and is ineligible for housing assistance, unless s/he is of a class prescribed in regulations made by the Secretary of State. A PSIC is defined as someone who requires leave to enter or remain in the UK, whether or not such leave has been given [Section 13(2) of the 1996 Asylum and Immigration Act].

EEA nationals, are not subject to immigration control & do not require leave to enter or remain in the UK if they have a right to reside in the UK that derives from EC law. [EEA nationals who are not exercising EC Treaty rights to reside, and their family members, will not acquire a right of residence under the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003)] The question of whether an EEA national (or family member) has a particular right to reside in the UK will depend on their circumstances, particularly the economic status of the EEA national (e.g. whether he or she is a worker, self-employed, a student, or economically inactive).

Thus the existence or otherwise of a person’s right to reside in the UK is the starting point in establishing their eligibility for housing.

Nationals of the ‘A8’ accession states (Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Hungary and Slovenia) who entered the UK as workers after May 2004 were required (with certain exceptions) under the Accession (Immigration and Worker Registration) Regulations 2004 (SI 2004/1219) to register their employment with the Home Office until they had accrued a period of 12 months’ continuous employment. If they remained both registered and in work for 12 months they were treated as having a right to reside and therefore could be eligible for housing assistance. If A8 nationals were in the UK otherwise than in accordance with the scheme (subject to exceptions), then they had no right to reside and, were not eligible for assistance under Pt 7, Housing Act 1996.

Under the Treaty of Accession, the UK was not able to apply the transitional restrictions, on A8 nationals’ access to the labour market, such as the Worker Registration Scheme, for more than seven years. Consequently a Statutory Instrument was made that brought the WRS restrictions to an end (subject to transitional provisions) on 30 April 2011. Since Sunday 1st May 2011, restrictions on nationals of the A8 countries which joined the EU in 2004 ceased to operate. They effectively now enjoy the same rights as other European Union nationals living in the UK, including rights to an allocation of housing and homelessness assistance.

Before 1 May 2011

• The Worker registration Regulations required an A8 worker to register his/her employment within 1 month of starting work.
• A8 nationals who failed to register within 1 month did not have the status of ‘worker’ for the purpose of the definition ‘qualified person’ which meant they had no right to reside.
• If an A8 national stopped working within 12months they ceased to be eligible for assistance and only once they found new employment and re registered did they become eligible for assistance again.
• Only after completing 12 months employment did the A8 national enjoy the same full rights as other workers of EEA states

After 1st May 2011

• The requirement for A8 workers to register their employment and become qualified persons for assistance with a right to reside ended on 30 April 2011.
• After 1st May 2011 A8 nationals have the same rights as other EEA nationals.


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