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Immigration Solicitors

Prime Minister proposes tighter controls to prevent “benefit tourism” (27 November 2013)

Date: 27/11/2013
Duncan Lewis, Immigration Solicitors, Prime Minister proposes tighter controls to prevent “benefit tourism”

Prime Minister David Cameron has said that benefits for migrants to the UK may be tightened up as part of a crackdown on “benefit tourism”.

The move would ensure newcomers from the EU and beyond wishing to settle in the UK were not supported by taxpayers’ money for long periods.

Mr Cameron acknowledged that people in the UK were “deeply concerned” about the lifting of border restrictions on Bulgaria and Romania after 31 December 2013.

From 1 January 2014, citizens from Bulgaria and Romania will have full access to the UK jobs market, as well as the NHS and other services.

Mr Cameron also said that the right of freedom of movement inside the EU could not be “unqualified “ – and hinted that if the Conservatives were returned to power after the 2015 General Election, this right could be addressed with the EU.

Speaking to the FT, Mr Cameron said that some feared the lifting of restrictions on Bulgaria and Romania would lead to large numbers of unskilled workers flooding the UK jobs market.

Bulgaria’s Ambassador to the UK, Konstantin Dimitrov, has said that 8,000-10,000 Bulgarian workers come to the UK to work each year – and he does not envisage this will increase after 31 December.

Mr Cameron said, however, that New Labour had made a mistake when borders were opened up to Poland and nine other countries after 2004, leading to more immigration to the UK from those countries than New Labour had estimated. Recent research has showed, however, that since 2001, immigration has contributed £25 billion to the UK economy.

Proposals limiting benefits to new migrants suggested by Mr Cameron include:

• No unemployment or related benefits for new migrants for the first three months after arrival

• Benefits payments to cease after six months unless newcomers have a "genuine" chance of securing employment

• Tightening up of the "habitual residency test" to determine eligibility for benefits

• New migrants will not be eligible to claim housing benefit immediately

• New migrants not actively seeking work will be removed from the UK – and would not be able to return to the UK for one year

• Introduction of an earnings threshold

• Employers not paying the minimum wage will face fines four times the current level of penalties.

Legal Advice on the Habitual Residency Test

The habitual residency test is used to determine who is eligible for local authority housing and welfare or housing benefits.

UK and some EEA (European Economic Area) residents are not subject to the test – and other groups such as refugees, those granted humanitarian protection, or leave to remain with no conditions about recourse to public funding, are also exempt.

Currently nationals of Bulgaria and Romania who are already engaged in employment also are exempt, along with other groups such as EEA nationals who are retired – or Commonwealth citizens with a right of UK residence, for example.

The situation is complex, however, and newcomers wishing to work and settle in the UK are advised to take legal advice on their status, as many migrants to the UK will be subject to the habitual residency test.

Duncan Lewis are leading immigration solicitors and our immigration lawyers can advise on exemption from the habitual residency test – or a range of other immigration or asylum matters, including:

• Asylum and immigration appeals
• Citizenship
• Detention
• Illegal entry to the UK
• Marriage in the UK
• Right to work in the UK
• Student visas.

Contact Duncan Lewis immigration solicitors for expert immigration and asylum legal advice on 020 7923 4020.


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