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Discrimination, ‘Integration’, and the Right to Reside after Patmalniece

PUTTICK, Keith (2011) Discrimination, ‘Integration’, and the Right to Reside after Patmalniece. The Adviser, 145. pp. 8-13. ISSN 0950-5458

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Abstract or description

The article discusses the difficulties facing EU nationals who are living in the UK but who are unable to demonstrate that they have acquired and retained 'residence' rights. The analysis and commentary considers the UK immigration regime's right to reside - a restrictive gateway to a range of social rights, including the right to access State benefits, social housing, and community care. Notwithstanding the right to move to other EU countries in accordance with the free movement rights accorded by the EU Treaties, in practice residents can be ineligible for social assistance like State Pension Credit if they are treated as 'economically inactive'. The article examines the decision of the UK Supreme Court in Patmalniece, and related EU legislation and case-law; and the court's acceptance of the need for older residents like Galina Patmalniece to either have sufficient resources to avoid becoming a burden on the community, or paid employment.

Item Type: Article
Subjects: M100 Law by area
Faculty: Faculty of Business, Education and Law > Law
Depositing User: Keith PUTTICK
Date Deposited: 27 Aug 2013 09:44
Last Modified: 12 Sep 2013 15:52
URI: http://eprints.staffs.ac.uk/id/eprint/366

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