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116 EEA nationals served with ‘minded to remove’ letters

13 removed under this scheme

25th August 2010: UK Border Agency’s scheme of alleged coercive expulsion of homeless EEA nationals has led to issuance of ‘minded to remove’ letters.

Migrants’ Rights Network, Advice on Individual Rights in Europe, and the Immigration Law Practitioners Association have asserted: As of 17 June 2010, 116 individuals have been served with ‘minded to remove’ letters, 40 have been served with immigration decision notices, and 13 have been removed under this scheme.

The organisations have clarified EEA nationals here “mean citizens of EU countries other than the UK, as well as citizens of Iceland, Lichtenstein, Norway and Switzerland.

They have added: `It appears that the pilot scheme focuses on specific area, including Peterborough and Westminster (London)’.

ILPA and the AIRE Centre have complained to the European Commission that the right-to-reside test should not apply to most of these benefits, including Jobseeker’s Allowance, Employment and Support Allowance, Income Support and Pension Credit, at all.

`The Commission agreed with us and there is ongoing litigation before the Supreme Court about this’, they said.

EEA nationals enjoy a right to reside in the UK for up to three months as long as they do not become an unreasonable burden on the social assistance system. They can stay longer if they are: jobseekers; workers (which includes certain people who have stopped working, including those who are temporarily unable to work due to illness or accident); the self-employed (which, like workers, includes some who have stopped their activity); students; self-sufficient people; permanent residents (usually acquired after five years’ residence in the UK, or in some exceptional cases earlier); and family members of other EEA nationals in the above categories.

`Coercive expulsion of homeless EEA nationals unlawful’

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