This page relates to immigrants, refugees & asylum seekers. Hopefully the information here will be helpful. If you have any information you think might be of help to other migrants, please email us so we can share it here.
THE ATTACK ON SOCIAL SECURITY AND THE SITUATION OF MIGRANTS
A brief report from ECAP October 2017. Along with the general attack on social security there has been a particular attack on benefits for migrants. This involves both adverse changes to the law such as the “Genuine Prospect of Work Test” and, sometimes, the denial of legal rights to migrants.
ECAP recently supported a citizen from a South American country whose Job Seekers Allowance was suspended while he had to undergo a ”Habitual Residence Test” (HRT) – despite the fact that he had lived in the UK for over 20 years and had passed exactly the same test earlier in 2017. With the support of ECAP the claimant quite quickly regained his benefits, but the situation was very stressful for him.
When challenged about the absurdity and unfairness of this situation, the official at the jobcentre stated that all non-UK citizens were now having to undergo the HRT when they made a new claim, irrespective of other factors such as how long they had lived here.
In another recent case, ECAP, armed with information from the Child Poverty Action Group, succeeded in overturning a decision to refuse an EU citizen benefits. In this situation the DWP were interpreting the law wrongly.
ECAP has fought several cases where “Retained EEA worker” status was wrongly denied, eg to migrants who had become unemployed, sick or had become pregnant. If you have to do the Habitual Residence test and you meet the criteria to have retained worker status, then it is important to present the evidence for this. Contact us for details.
TO BE ADDED – INFO on worker and retained worker status FROM CPAG BOOK
ECAP is interested in setting up a working group to develop knowledge and publicity materials on benefits for migrants. Please contact us if interested. One aim could be to produce publicity materials/ web articles to inform migrants of their benefits rights. Another aim could be to explore if there were particular demands that could be made on the Scottish government in terms of improved social security/ benefits for migrants.
We recommend the Benefits for Migrants handbook https://www.shop.cpag.org.uk/benefits-for-migrants-handbook-9th-edition
Info on additional restrictions on migrants benefits: http://www.cpag.org.uk/content/new-restrictions-migrants
Genuine Prospect of Work Test
Martin Williams considers the implications of a recent Upper Tribunal case on the correct approach to determining whether a European Economic Area (EEA) migrant has a right of residence as a jobseeker under what is widely referred to as the ‘GPOW’ test.
If you get ‘Permanent Right to Residence’ (PRTR) then the Genuine Prospect of Work test does not apply. Further information about permanent residence here.
Research article on the desperate situation of migrants with “No Resource to Public Funds” status
Longer report on same theme, especially about asylum seekers
If you have retained worker status, after 6 months on (income based) JSA you can be in for a ‘Genuine Prospect of Work’ (GPoW) test. This test is defined by law. It is not at the discretion of the jobcentre to apply it when it wishes.
CPAG document on the rules and regulations: Kapow to the GPOW (v3.0) – cpag.org.uk
Questions asked in Genuine Prospect of work interview: Genuine Prospect of Work (GPoW) Interview Question Set – sourced from www.kcsc.org.uk
What is an ‘EU Right to Reside’ interview?
What is a ‘habitual residence’ test?
Legal advice for EEA migrants affected by or at risk of rough sleeping and for women affected by violence or abuse
Street Aware/EEA Street Homelessness Project provides free, confidential legal advice and information to EEA nationals who are rough sleeping or at risk of rough sleeping, on their legal rights in relation to their immigration position, destitution and homelessness, and potential exploitation.
They can also provide legal information and advice to professionals who support or advocate for women victim-survivors of gender based violence.
JustRight for Refugee Women provides specialist, targeted legal advice and representation for refugee and migrant women and girls.
Positive Action in Housing Emergency Relief Fund available to migrants otherwise barred from other help – though must be accessed through a case worker. Worth looking into if no other financial help available and at risk pf destitution.
CPAG Advising BME Communities Project – free factsheets about half way down the page.