1. Advising Individuals on Their
Rights in Europe
trESS Seminar
London
2 July 2010

2. The AIRE Centre
(Advice on Individual
Rights in Europe)
Mission: Promote awareness of European law rights and
assist vulnerable and marginalised individuals in
asserting those rights
What We Do:
• Litigate Before the European Court of Human Rights
• Provide advice to migrants on their rights under European Union law
• Trainings, third-party interventions, reports, conferences

3. One Area of the AIRE
Centre’s EU Law Work
EU Migrants of Minority
Race/Ethnicity

4. • The Project started in September 2009
• The running of the Project has been made
possible through the kind support of the
Joseph Rowntree Charitable Trust
• The Project ongoing for 30 months
• One part-time Project Manager reporting
to a Staff Lawyer and supervising two
interns

5. • Objective: to fight the social exclusion of EU migrants of
minority ethnicity in the UK
• Means to reach the objective: by eliminating one of the
root cause: systemic discrimination by state authorities
(Reduce, Increase and Improve)
• Identified minority groups: naturalised EU/EEA
citizens and 3rd country EU/EEA family members of
minority ethnic origin as well as EU nationals from
Eastern Europe (A8 and A2 nationals)

6. • Since 01 September 2009: 198 requests
for advice involving the target group
• Naturalised EU migrants: 30 cases
• 3rd country family members: 106 cases
• A8 nationals: 102 cases
• A2 nationals: 27 cases

7. • 93 Cases on obtaining National Insurance
Number, Registration Certificate, Residence
Card, Permanent Residence or Retained Rights
of Residence
• 68 Cases on access to Social Assistance or
Social Security Benefits
• 21 Cases on Free Movement (Visa, Family
Permit, Entry Clearance, ect)
• 21 General enquiries on matters such as forms,
the Workers Registration Scheme, Worker
Authorisation and EU rights

8. • 8 cases involved human trafficking
• 18 cases involved domestic violence
• 12 cases involved the rights of EU minority
migrants’ prisoners in the UK who are
some facing possible deportation

9. Two Issues Relating to
Regulation 883/04
• Access to NHS Care (in practice and in
theory)
• Access to special non-contributory
benefits

10. Accessing Sickness Benefits in
Kind (NHS care) in practice
• Primary care – GPs can register
individuals at their discretion, no restriction
as long as you can find a GP
• Hospital care – overseas charging
possible

11. Accessing NHS Care in Practice
• In practice, very rare for an EU migrant
resident in the UK to be refused NHS
hospital treatment
• There are known cases involving third-
country national family members and EU
nationals of Roma ethnicity
• Question of the exclusion of EU nationals:
R on the application of YA v Secretary of
State for Health [2009] EWCA Civ 225

12. Accessing NHS Care in Theory
• UK Border Agency practice of refusing
residence applications based on exercise
of residence rights under Article 7(1)(b) or
(c) of Directive 2004/38 without proof of
private health insurance.
• Relationship between Dir 2004/38 and
Reg 883/04
• Universal healthcare and Art 4 of Reg
883/04

13. Special Non-Contributory
Benefits
• Patmalniece v Secretary of State for Work
and Pensions [2009] EWCA Civ 621
• Added value of Art 4 of Regulation 883/04
• Benefits concerned:
– Pension Credit
– Income-based Jobseeker’s Allowance
– Income Support
– Income-based Employment and Support
Allowance

14. Situation at Present
• Pregnant jobseeker who wishes to transfer
to Income Support in last weeks of
pregnancy will be refused based on right-
to-reside test.
• EU migrant with disability who comes to
the UK cannot get Employment and
Support Allowance to get assistance
finding suitable work.

15. View of the European
Commission
Letter from the European Commission (Jackie Morin) to ILPA and the
AIRE Centre of 2 February 2010

16. Contacts
• advice: info@airecentre.org
• Hildur Hallgrimsdottir:
hhallgrimsdottir@airecentre.org
• Adam Weiss: aweiss@airecentre.org