The British National (Overseas) citizens immigration route opened on 31 January 2021. This article sets out the rules for the BNO visa scheme, including recent changes. The Home Office abbreviation […]
On 18 April 2024, the Court of Appeal held in ASY & Ors v Home Office [2024] EWCA Civ 373 that damages are payable to those subjected to destitution that […]
This article explains how to make a successful change of conditions application where a person needs to lift the no recourse to public funds restriction (NRPF) from their grant of […]
The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined […]
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority intervening) [2023] EWCA Civ 1307, […]
The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy. This challenge was to the […]
The problems faced by pre-settled status holders who cannot show a qualifying right to reside when trying to access benefits have been dragging on for several years. Notwithstanding their lawful […]
Too often, we all see clients who are at the mercy of the local authority housing system and who are shifted about from accommodation to accommodation with no real stability […]
The High Court has declared that Home Office policy on allowing migrants to have access to public funds is unlawful for failing to take account of the best interests of […]
In R (MD and EH) v Secretary of State for the Home Department [2022] EWCA Civ 336, the Court of Appeal has found that the Home Office’s non-payment of additional […]
I can do no better than adopt Tom Royston’s summary of R (DK) v Revenue and Customs [2022] EWCA Civ 120: in an important decision about the rights of refugees […]
The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is […]
The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as there is no risk of […]
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. […]
The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in breach of Article 14 of […]
Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme […]
The derivative right to reside as a primary carer of a child in education is largely a creation of the Court of Justice of the European Union (CJEU): see Teixeira […]
The Court of Appeal has handed down a ruling that should, if not successfully appealed, make it easier for millions of EU citizens with pre-settled status to claim benefits. The […]
In a bid to slow the surge in COVID-19 cases, Prime Minister Boris Johnson last night set out new restrictions in England which range from the wearing of masks by […]
It was the worst of times; it was the worst of times. As a result of the Home Office gridlock caused by the coronavirus pandemic, EU citizens seeking to apply […]
The appellant in the case of Konevod v Secretary of State for Work And Pensions [2020] EWCA Civ 809 moved to Cyprus in 2014 to become a carer for a friend, […]
No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A Child By His Litigation Friend […]
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory on the ground of nationality. […]
An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or asylum support provided by the […]
In Her Majesty’s Revenue and Customs v HD (CHB) (Second interim decision) [2018] UKUT 148 (AAC), the Upper Tribunal decided to make a reference to the Court of Justice of the […]
When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since 2010, English courts have said […]
LO v SSWP (IS) [2017] UKUT 440 (AAC) involved the overlap between EU law, family law and welfare benefits, focusing particularly on the role of proportionality. All this is academic to […]
Where there is a “difference in views” between two European Union member states about which is required to pay a benefit to a claimant, EU law requires the state in […]
In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” […]
Newcomers to the UK, whether they have immigration status or not, face formidable obstacles in accessing services such as housing or social security. This is a look at some common […]
In AMS v SSWP (PC) (final decision) [2017] UKUT 381 (AAC), Upper Tribunal Judge Ward dismissed a Dutch widow’s appeal against the refusal of her claim for state pension credit on […]
The claimant in SSWP v NZ (ESA) [2017] UKUT 0360 (AAC) is a Polish national who worked in a chip shop. On 4 September 2017, the Upper Tribunal released a third interim decision in […]
In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that self-employed individuals do not have […]
Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test. This post was originally published on […]
Desmond Rutledge examines the recent decision in Alimanovic (C-67/14) which holds that it is lawful for a Member State to restrict the period a former worker from another Member State can […]
In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations […]
In January 2014, the Government introduced a number of measures aimed at restricting EEA migrants’ access to income-based JSA. A key change was the introduction of a statutory presumption that […]
New Social Security Advisory Committee Report voices concerns On 20 November 2014, the Social Security Advisory Committee (SSAC) published its Report on the regulations which remove entitlement to Housing Benefit […]
When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to […]
R (on the application of NS & others) v SSHD [2014] EWHC 1971 (Admin) The challenge was primarily to the presumption of “no recourse to public funds” which was inserted into the […]
