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

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.