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Homeless East Europeans - UKBA pilot is breaching EU law argues consortium
The effects of an UKBA pilot scheme aimed at removing homeless East Europeans from the UK is reported in today's Guardian.
MRN has been working with legal experts at ILPA and the AIRE Centre to provide a clear statement of the rights and entitlements of all EU nationals, including those from the A8 and A2 countries.
Two advice notes have been prepared by on the basis of these discussions. It is hoped that these will be used by organisations advising homeless people affected by these measures and community organisations working with A8 and A2 nationals in particular.
The advice notes set out the legal framework which supports the right of EU nationals to live and work in the UK. It explains that EU law prohibits the expulsion of EU nationals who in work, or seeking work and have a realistic chance of obtaining a job (though the rules are different for Bulgarian and Romanian citizens), or of providing services as a self-employed person.
But even those EU nationals who are not working, seeking work, providing or receiving services, or residing as a part of a family enjoy protection from expulsion providing they are not "a burden on the social assistance system". It is believed that very few EU nationals facing the prospect of removal under the terms of this pilot will be receiving any of the welfare benefits which constitute 'social assistance' within the meaning of EU law.
In any event the advice note argues that the removal of any EU national should not be considered until the procedural safeguards of EU law have been satisfied. These include the issue of a fromal decision to enforce removal and the opportunity to appeal to the immigration courts.
A second advice notice deals with frequently asked questions about the residence rights of EU nationals.
Legal advisors at the AIRE Centre will assist representatives from agencies or community organisations working with homeless EU nationals who have been served with UKBA notices about their residence status. They can be emailed at info@airecentre.org.
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Charities seek test case as UKBA removes 13 homeless European nationals from the UK.
http://www.insidehousing.co.uk/news/legal/charities-seek-test-case-as-ukba-forces-out-migrants/6511033.article
Yet another example of how the UKBA will go to great lengths to bend and break the laws.
After reading the telegraphs article on the 7th most of the issues began to look cynical to me!
“The news article has a sense of irony for me when I see statements such as "Tens of thousands of failed asylum seekers given right to work” dated the 7th of August 2010. I am the child of a British born mother and historically I have always been discriminated against even those of the rights of my own siblings. I was born before February 7th 1961. Over the last few years because of security fears, id card laws, and also the UKBA seeking funding for their staffs salaries a variety of measures have been taken against all a specific group of children born abroad to British mothers. This group have had some rights in the past and in theory these rights still exist. They were not allowed to be automatic nationals but instead had a statutory right of the right of abode which gave them equality in status inside the UK as does to British citizens and the right not to be subject to immigration control and permissions. A few years ago the UKBA dreamt up a need to charge fees for these people by inventing an excuse that these people were somehow a security risk. They have also had to bear the price of having to reapply for new certificates that allow them to prove their rights. Year on year these fees keep going up and the use of this method has amounted to indirectly controlling this groups right to work. Apparently they cannot block my right to work only the evidence that I am free to work!
So when I read the news report about asylum seekers given the right to work one cannot help by feel ironic about the fairness of Britain today.
Last year I watched very carefully the passage of the 2009 immigration bill as it was brought in January of this year. To me it heralded a long outstanding grievance as to why I was not British and be treated the same way as my two younger sisters. The fact was I was older from them by eleven months and for that I have forever been treated differently by the UKBA and the nationality laws. It does not matter to me that thousands come in as Tier 1 workers and within five years they become naturalised British citizens, Nor does it matter to me that thousands of asylum seekers have the human right to work. It does matter to me however when I let my passport expire owing to being unemployed and ill and on benefits that I could not pay renewal fees for a new certificate that the UKBA were able to use this as an excuse to prevent me from working, even though the actual right to work has and cannot expire but apparently the evidence to do so does!
Strange as it may sound this is in effect what has been done to many of us who are the children of British mothers, often older, and have a commonwealth parent who for the most part met our mothers while living here in the UK in the 1940s and 1950s. The new law that was suppose to remove this long standing discrimination and finally came in on January the 14th 2010. I had long waited for this as I thought finally I would be able to end this long journey of discrimination that has haunted me ever since I was a sixteen year old boy. But my hopes were soon dashed when I realised we would not be treated equally with those born after 1983 or those born before but to British males. There is a charge involved, it costs £540 currently and requires my having to undergo civil and criminal check of my background and attendance of a citizenship ceremony. I was crushed how could this be the law was suppose to remove the long standing discrimination we have suffered and now I find we are still being discriminated now on the basis of our age. Together with the imposition of fees and by adapting and misrepresenting the law the UKBA have in effect established control over persons they are not suppose to be controlling.
So when I see Asylum seekers have the right to work, and ILE holders can use their expired passports to evidence their ongoing permission to work, and I cannot evidence my on going right to work inherited through my descent from a British mother I cannot help get cynical as to why we seem to be continuously be treated in this way by what is after all our own country !”
If you care for liberty and for equal rights specially for those of us who have the closest of closest blood ties with the country then please show your support by going to the petition and signing. Thanks
http://www.gopetition.co.uk/petitions/british-nationality.html
I don't believe in breaking the law. However people can't simple come to another country to be homeless if not right or fair to the local society. To my understanding anybody from an EU country who is not in work or employment must return to the country of origin.
http://www.findlaw.co.uk/law/government/european_law/rights/500255.html
unless of course you have been working in an EU country and paid taxes into that country's system ! It is this grey area that most people fall into and a lot is misunderstood
However paying tax for 2 years or more should. Not give individuals the right to live homeless in another country and put pressure on resouces if you want too live homeless why not return home? Why are indivduals deciding to live homeless in the uk is the quesion that needs to be asked? And is there funding from the country of orgin for these people the argue is always human right however what about the rights of the society it effects? I feel all should be helpt however abuse of kindess should be stoppedt there is also a quesion regarding those that have not paid yet britian seem to want to taken on, more it can not afford
People are living homeless because they were not eligible for housing benefits. All UK citizens here are tested on the basis of the last 2 years of contributions! Finally whatever rights to benefits are given they are extended reciprocally. We do have over 5 million British citizens spread through the European Union with Germany having over 4 million from the 1970s steel mill workers migrants. You are making political statements on mis informed facts with huge pronouncements while forgetting all the emigrants we have in other countries !
What most people also forget is the contributions made goes to "Insurance" run by the state. Had it gone as premiums to a private company everybody would be shouting murder when pay outs are to be made. Typical double standards!
People easly forget the bad treatments of other who are not citizen in there home country just because people come and pay tax does not give them the right to effect other country way of l ife you mean to tell me people come to uk to be homeless yes there are a lot of Britian in europe they have brought money into those country spain is one of them and have paid taxes many are returting home due to finicial promblems not living homless and xcliaming benifits don't get ne wrong brits have a lot to answer foe however they bring money and help the local econmmy this is not the same for the uk has money. Is leaving not coming in if individuals are not making a country better why should they be allowed to stay?and the taxes most have paid or have not will not cover the finacial cost
As I said attitudes of someone with double standards and with expressions such "They" and what you have said above goes to show a lot more assumptions. A lot of British that go to Spain, France, Germany, Italy and Denmark, Sweden, etc also work there pay taxes and then sometimes through no fault of their own end up being on benefits too. However your statements above actually betrays that you are just another one of those little Englanders who has an anti European bent when it suits you
What have they affected anyway that has your nose so out of joint ? Everyone contributes to things in their own way and like or not Europe is a multi cultural state of all Europeans !
Much of our own culture is also borrowed even Morris dancing which came from the Moors of North Africa ! If you listen to 10th century English its virtually un understandable and sounds close to Dutch ! Many of words in the dictionary are borrowed from our European cousins as are man of our ideas, social institutions and also what we consider to be common heritage
yet there are still clowns going around trying to "preserve" our culture which in no way resembles culture was is different through the decades because they are influenced by things. What exactly are you trying to preserve ? Most people in the world order a pizza, a curry, watch tv on a Japanese tv, wear Chinese made clothes, and aspire to many things that is even French. We even have French descent masters still in power since the 11th century who never spoke a word of English until the 13th century as it did not even exist and was growing from an amalgamation of several cultures and peoples.
As with most people in this country we are all made of a variety of other people. Look at Cameron - Polish, Danish, Scots, and even some Jewish. Look at Clegg - Russian and Danish, then of course we have Anglo Italians, Dutch rulers whom we invited over during the reformation, French Huguenots who at one time made it so that one in four people were born in France. Which parts do you think you have ? Which parts of these foreign influences would you expel from English culture !
Even the great Farage of the UKIP is actually Jewish and possibly Sicilian in origins by way of North Africa where the name Farhaj also comes from ! Winston Churchill the great British politician - half American which means there may even be traces of Native American in him too! I believe in European unity as way for all cultures to work together so we have economic prosperity and also not have the sorts of wars we had during the 20th century! I also recommend that people read their English history without rose tinted glasses on
Why is it that during the last 10 years more and more closet bigots have come out of the wood works saying the same crap people like them did in so many different ages. Nations and people grow in ever growing concentric distance radiuses. We started by hating our neighbouring tribe and then eventually grew beyond that
so because someone is against those that add not benefit are bigots. If you feel this strong why don’t you ask your government to fund their citizen with their tax. Oh no it will effect your economy! People can not just come and live in a country homeless just because they feel like it or some human rights what about the right of the country the live in. People should be adding benefit to a country not taking it away.
Sir
That true but is a small amount compared to the amount Britain has. And most return home, and because British people do add value you hardly hear of these countries complaining about British people claiming benefits as they don’t do it for long period of time. and it most cases have a right to because they did not come for the benefits and Britain pays a large sum in to the European Budget compare to other members states. They are career benefits claimants or most do not try to work the system to
We are not talking about that we are talking about the benefit to immigration to this country just because I may have Indian blood in my vins or Irish blood in my vines does not give me to right to live has I please and take away from any country. The aim for anyone coming to a country is to a better their life for themselves and the country a better place not add social problems to a country that already has them and if the country does not see the benefits or see the effect it having they have every right to changed it for the benefit in there society who are you or any other country just because I can trace my blood line back to Russia over like 100 years ago now come as say I want to live homeless any make no contribution to society.! Sorry but that not and argument.
Just because British culture like most culture has been influences by other culture does not give someone the right to come and live homeless just because a person can trace their blood line back to Russia does not give them to right to go to Russia and live homeless. If anyone comes to the Uk they must add value if they do not they should not be allowed any benefits at all they should return home. Not adding social problems to a country has many and Europe should have a fund to help these people do this and. British tax payers should not be picking up the bill, Why dont people send time lobbying there government to help there citizen aboard instead of playing with the British Mad human right law? Why because they know there government does no give a dam
Firstly I am British and English ! So don't make assumptions about me and start talking to me as I was foreign! Not on ! Secondly you are making assumptions that are based on wide spread misinformation probably perpetuated by people like yourself. Britons do use benefits in other EU countries and don't make assumptions that some are not long term! Secondly What Britain contributes into the EU it also gets back plus the rebate for the excess so in reality Britain gets back more then she puts into Europe too! Another series of assumptions.
The question is not about who comes here to take up benefits and be homeless, the question is have they been here working and then ended up being unemployed and hence entitled to the benefit in the same way as we are in Europe. So wind you neck back in and go look up the facts before coming to migrants board for their rights and spilling your crap here because it does not wash with me or anyone else reading. So while you go on making one assumption after the other don't forget you are talking to a fellow Brit, from sound of you and what you have described your own background came from immigration background but you have decided to be more British and English then the rest of us and yet you are not and you apologetically shout louder then anyone else with all the common misconceptions going. Personally all my previous posts have been a waste of time as you have extracted from them what you want and ignored the rest and then presented us with mis facts that many popularly believe despite the facts!
and finally what on earth is someone like you doing on these pages other then being a troll !
Look what your arguement that all have a right to live homeless in anyone country just because British people have Polish blood? or because we have different cultures or because of your human rights if that your agruement then you have none.
If you can return to your home of birth then you should so Britian is not a dumping ground for people who can't be brother add benifits to it society (not take awasy) or to lobby there governement To many of you think this country is a free of all.
What make you or anyone else think you can come to a country and add problems and live has you please? Im sure if people started to do in your country they would rectact the same why oh I forgot your govenment does not give dam so let come to britain !
What make you thing you have a right to live in another country and take up resources just because you feel like it. If your unhappy with the treatment of your people by your governement then fight for your rights of your country man. Dont try and gate crase another country because it happen to welcome all people are called bigott when things are out of control
Too many of you British people are Bain washed. This is what immigration has done to you. It time to face facts this behaviour is not substanble. If you think people are being ill treated then don't you think you should go to the Goverment of those people and ask them for help instead of expecting the British tax payer to pay for it.
Why can't you people who have reply to my comments lobby your own government to do something to help your own country man No you are wasting British tax payers money to allow people who come from a country that has no conflict to live homeless and effect society just because the people whom the live around happen to have Foreign blood? and because its there human rights, what about the right or the local people who live in that area what right do they have people can not feel they can just come to another country live in away they please effect that society and add social problems just because it there human right. Feel you feel your getting a raw deal fight for your rights, get your government to give money to help your people!!!
If theirs no work go home simple that what most people do. Most of the money goes to there country. And most of the money they make is not money they are bringing in but sending home which is fine has it there own money. If there no work go home.
If they feel the benifit system is not fair lobby there governement to help.
Please improve your spelling other wise the bigots may go after you too!
by the way why do you care so much about us seeing as you are an immigrant yourself and you think such people have no loyalties towards the country ! You are exposed as a Troll !
what makes you think I'm an immigfrant. and if this country so rubbish why are you still here fighting to live homless?
The last replies are just proof that you no argument. You understand what I have to say.. Immigrant or not what makes you think I wish to see this country taken to the cleaners? it not be in my interest at all. You have no argument or point that justifies why people feel they have a right to live homeless in another country when they can return to there own country.
You moon about the injustice why don't you lobby your government to improve the benefit system in your country? you wont because you know culturally your country does not care about you so you all leach on to a country that have welcome immigrants and have a good law. But know they are capping the system to you used bigot etc.
Most of you know that if the situation was revised your country would not allow it.!! You should be fighting for the rights of your people getting better health care etc. And due to the increase of money your country have received due to many of you working in the uk.
A country had every right to look at policy that effect there community if you don't like it then leave. Asking people to return to a country that is safe to do so is not unfair. But because you have no benefit system like Britain and the homeless in your country are treated badly you want to suck the life out of Britain.
What right do you people think you have in doing this? why don't you fight for human rights for people in your own country?
If all you people come to work has you cliam what the problem of you returning hoime when there no work. The amount of taxes you pay would never cover all the cost. Of allowing onto the British tax payers beneifit system. Your are effectly helping your country by working in Britian has the money you get leaves this country. so what are you complaining about.
What makes you think I am an immigrant too and what are you doing here on this board sprouting mis facts and your rubbish here.
Its your awful spelling that made me think your English is very poor and led me to think you were foreign and not just an idiot not to mention bigot who is showing his true colours at each and every turn.
"taken to what cleaners ?" You keep coming up with value loaded judgement phases with nothing to back them up. Anyway I have had enough of trying to talk sense to someone who has obviously got an IQ of a turnip and is not literate enough to comprehend the facts instead of making them up. A bigot is a person btw who twists the truth to suit their own arguments and ends! Have a great day :))
and learn to spell better if English is your mother tongue it makes the rest of us ashamed such Neanderthals still exist !
Your way is fraught with issues mate. We have been a nation of emigrants ourselves and as a result there are 72 million English descent people in America, 40 million in Australia, 14 million in Australia not to mention all the other places we have settled. If people over there thought like you did then we would have all those people back here living on this tiny island. I really think your thinking is not very mature or educated in terms of real facts and if you want to do something useful then look up the real facts which you can get even on the world wide web that are officially complied rather then crap you seem to be finding to sprout here. Byeeeeeeeeeeee
Then show me where I am wrong and stop stating I’m wrong without showing the fact your just saying the same thing and it boring.,
The facts are has follows people who are from another country who can return should. They should not be living on the streets homeless trying to bend the British Government to there well to house them just because they worked and paid taxes and are part of the EU. Wasn’t the whole idea of coming to the UK to work?
There are many British people who have paid taxes and received no help at all. I am one of them. If it was not for my family I would be homeless, It just a fact of life.
People should stop trying to use the victim card and human rights law to abuse the British system. There is no justification of why these feel they can live in the UK homeless. When they can country they can return home.
Please come up something more fractural agreements apart from my bad spelling which is down to me having dyslexia so if you can't part fourth an argument on why I'm wrong instead of your consent wining. Please do not reply to my comments because you are not responding your just repeating yourselves.
The fact is many people who came from Europe came here to work the jobs that lazy Brits don't want and did not want. Then an economic upheaval occurred ( don't know which planet you were on !) . Finally if you care to research you will find many Brits are also caught in desperate conditions in other places and are being given the same benefits. In places like Germany, Denmark, Holland and Sweden even Brits get more benefits then they do here. You stated that Britain puts in more and then forget to look up that we also take out more from EU. You appear very anti European in the way you talk and choose to decide that Brits only invest while abroad. Brits are people too and we have poor, rich and so on here who do go abroad to live and then things go wrong as has for most unfortunate East Europeans whom we encouraged to throw off their Russian yoke and join us in "Freedom" but yet you do not want to pay the price when economic conditions go wrong all over the world. Get real and get a life! You will get over it as many bigots before you have had to. Thankfully people like you are in a small minority and in time hopefully extinct ! No more need for me to say anything more - you have time and you have access to the internet so go do some real study of real sources of information before telling us what is what :))
It true about Brit not doing the job that the problem. If people come to work that fine. Believe you me the Brits days are numbered has they be taken over your jobs and I suppose you add to the dole line and refuse to return home and live homeless
We sign up for you coming here to work not to live homeless on the street. You have home where you send money too so go there.
Nation of immergrants don't give people the right to come and live homeless, lazy brit or social problem of a country does not give people the right to live homeless.
In my experience the ones that shout loud about benefits for homeless Europeans are usually benefit recipients themselves who think its for them only as a god given right fighting over the same piece of meat that everyone else is after. No European citizen can just come here and claim benefits. Many come to work, we then had a world wide economic upheaval. Why should someone be forced to go back to their original country if their family and children are settled here ! Your approach has too simplistic and stereo type a model and you have some serious issues that you need to learn to deal with. As I said earlier have a good day and get a life will you?
BAD SPELLING OR NOT THE FACT OF THE MATTER IS YOU HAVE NO ARGUMENT REGARDING PEOPLE COMING AND LIVING HOMELESS WHEN THEY COME TO WORK AND HAVE A COUNTRY TO RETURN TO IT NOT THE COUNTRY IS IN CONFLICT
BRITAIN ALLOWED IN SUNDER THE CONDITIONS YOU HELP THE COUNTRY WHICH MOS HAVE HOWEVER JUST BEAUSE THERE NO WORK YOU CAN'T JUST BECOME HOMELESS BECAUSE YOU FEEL LIKE IT AND EXCEPT A COUNTRY TO ACCEPT!
YOU HAD YOUR FAIR SHARE THE MONEY YOU SEND HOME HAS HELPT YOU COUNTRY. IF YOU FEEL THAT YOUR COUNTRY RUBBISH THAT IS THE ONLY REASON WHY I SEE PEOPLE WRITING THE COMMENTS THEY ARE THEN DON'T YOU THINK YOU SHOULD SPEND YOUR TIME LOBBYING YOUR GOVERMENTS AND STOP TRYING TO MIKE THE SYSTEM WITH YOUR HUMAN RIGHT CRAP AND MOST BRITISH PEOPLE HAVE FRENCH OR POLISH BLOOD CRAP THEREFORE WE CAN LIV IN TH UK HOMELESS
Amazing how easy it was to get you to pull out all the stops and show your true colours :)
this is a very funny posting here ! too funny
it is sad to see bigots like that who would only stamp on unfortunate people caught homeless and without jobs too far from their homes and still persevering to be counted as human beings. shame on you
Instead of making allies out of other Europeans the sheer bigotry expressed here shows how hostile some people are towards homeless East Europeans who came here to work and now without jobs and homeless and with pathetic people such as these who think they represent the majority of decent people and the sheer meanness and down right bad attitude that will not endear you to Europeans let alone any descent human being.
I give up some people are beyond help !
don't feed the trolls !
Oh by the way mr. bigot nobody can come to the UK and claim benefits for homes or the dole until they have proven their residency ! So here is a fact you can chew on. With regards the contributions to the EU. A we are the 4th highest contributor, and B when the rebates are issued and given all the funding that come back here you will find that the balance of payments is in the interest of the UK as more comes back then we put in. Finally being part of a common market gives us access to much needed markets where at least we can compete as European wages and costs are high. With regards Eastern Europe ? I am sure in another decade or two they will end up doing well and aside from the 40,000 British citizens who already live in Poland I am sure the numbers will also increase. In the meantime if you have nothing good to say please refrain from making a bigger prat out of yourself then you have already done so :)
The trade we do with Ireland one of the smaller EU trading partners does not even combine to amount to the level of trade we do with China. Last year Britain sold 58 Billion dollars worth of goods to Germany ! I bet you did not know that instead of looking at the one billion pound contribution you so want to make so much political capital out of purely to satisfy your personal bigoted outlook!
You immgrants can go on on on the fact of the matter is if you have no job go home not live homeless in another country. And I have reply to all those comments please read my pervious comments.
I work for the DWP and know for a fact that nobody gets benefits just like that, well apart from Brithish citizens of course- they are allowed to not have worked a single day in their lives and still claim. Any European citizen that claims will have to pass so called 'habitual residency test' so this country doesn't give anything for free as some of you have implied. As for homelessness you cannot expel a European citizen as they have the right to live here even if homeless.
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