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the gardener

Draft Withdrawal Agreement

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Thought I'd start a thread examining the WA in detail.  I'll start with Article 21.

image.thumb.png.1c38e35c66525d197cf080bbe9564656.png
 

 

2004/38/EC

CHAPTER III
Right of residence
Article 6 Right of residence for up to three months
1.   Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.
2.   The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen.

 

Article 14 Retention of the right of residence

1.   Union citizens and their family members shall have the right of residence provided for in Article 6, as long as they do not become an unreasonable burden on the social assistance system of the host Member State.

2.   Union citizens and their family members shall have the right of residence provided for in Articles 7, 12 and 13 as long as they meet the conditions set out therein.

In specific cases where there is a reasonable doubt as to whether a Union citizen or his/her family members satisfies the conditions set out in Articles 7, 12 and 13, Member States may verify if these conditions are fulfilled.  This verification shall not be carried out systematically.

 

3.   An expulsion measure shall not be the automatic consequence of a Union citizen's or his or her family member's recourse to the social assistance system of the host Member State.

4.   By way of derogation from paragraphs 1 and 2 and without prejudice to the provisions of Chapter VI, an expulsion measure may in no case be adopted against Union citizens or their family members if:

(a) the Union citizens are workers or self-employed persons, or

(b) the Union citizens entered the territory of the host Member State in order to seek employment. In this case, the Union citizens and their family members  may not be expelled for as long as the Union citizens can provide evidence that they are continuing to seek employment and that they have a genuine chance of being engaged.

 

 

 

 

If I am reading this correctly, Article 21 (2) Thus states that EU/EEA nationals will not be entitled to benefits until they acquire the right of permanent residence.  Potentially then if the WA goes ahead then on 30th March 2019 we can stop paying any benefits to all EU/EEA nationals who have not already acquired permanent residence.

This would seem to me to be a good thing.  Whether we actually do it is another.

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Of course what defines a worker?

From 2004/38/EC:

3.   For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed person shall retain the status of worker or self-employed person in the following circumstances:
(a) he/she is temporarily unable to work as the result of an illness or accident;
(b) he/she is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a job-seeker with the relevant employment office;
(c) he/she is in duly recorded involuntary unemployment after completing a fixed-term employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and has registered as a job-seeker with the relevant employment office.  In this case, the status of worker shall be retained for no less than six months;
(d) he/she embarks on vocational training.  Unless he/she is involuntarily unemployed, the retention of the status of worker shall require the training to be related to the previous employment.

So basically everyone is a worker.

Phew!  They nearly had me believing they were going to do anything about EUers claiming benefits.

 

Edit: I think the worker bit then entitles them to student grants and loans and possibly doesn't apply to the first part of 21 (2) - so no benefits except for student grants and loans to workers.  I hope.

Edited by the gardener

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24 minutes ago, Harley said:

I think this thread will be full of pain and sadness!

I started reading it myself when it came out and concluded that it was a modern day version of the treaty of Versailles with us playing the krauts.

Edited by TheBlueCat

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