Thread: Brexit (Old)
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Old 23-01-2019, 11:21   #6813
jonbxx
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Re: Brexit

Quote:
Originally Posted by nomadking View Post
1. The original freedom of movement was of workers. - true, it has now been extended to students and family members of workers but the income or self supporting status still exists

2. That was before the Eastern European states joined the EU. The scale of the impact of freedom of movement changed dramatically as a result. - The UK government signed off on the accession of the A10 countries. There was a temprorary brake on free movement from these countries that the UK decided not to use

3. I don't remember being asked and now that we have been it has proved to be pointless/meaningless. - successive governments have followed the policy of allowing and wanting free movement. I am not sure what you mean by pointless/meaningless

4. How would we overturn it, other than by leaving altogether? - If you want to stop free movement of EU citizens as defined by TFEU and directive 2004/38/EC, then you hve to leave the EU pretty much. If you want to get stricter on what EU citizens can claim in benefits, then we need to look back to what David Cameron got in 2016 (no JSA for 3 months, phase in of in work benefits over 4 years)

5. All they do is be involved with a one-off collection of scrap or sell one copy of the "Big Issue" and any restrictions go away. - if they are 'employed' then there's no issue. If you have been working for less than a year, you can only get benefits for 6 months and show you are an active job seeker

6. How was it ever possible to deport them? - Directive 2004/38/EC allows member states to deport on public policy issues such as becoming an unnecessary burden on the state

7. In any initial period and the never ending sets of appeals they would still receive housing, benefits, NHS treatment etc. - not true, benefits are time limited

8. After 5 years of residence there is no restrictions of any sort. - yep, just as non EEA citizens. My american colleague has just been given leave to remain

9. Once just one person is here that fulfils any requirements, then any family members also acquire those rights. - not quite, spouses/civil partners, children and grandchildren under 21 are covered. Other family members need to show that they are supported by the worker. If the initial migrant loses their right to reside, then all dependents do too
Source of most of my info BTW - https://www.citizensadvice.org.uk/be...esidence-test/

Last edited by jonbxx; 23-01-2019 at 11:25.
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