A13 2011 Non citizens of Latvia Lithuania and Estonia

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  • #40092
    guy
    Participant

    Is the DWP advice correct in that aliens who were from Russia but are not EEA citizens of these three former A8 states must satisfy additional cirteria to be eligible? Is the effect of this to treat them as non EEA claimants for the purposes of HB and CTB? In other words we would be looking at their passport immigration status and carrying out HRT1 and HRT2?

    #114494
    Kay_Tade
    Participant

    [quote=guy]Is the DWP advice correct in that aliens who were from Russia but are not EEA citizens of these three former A8 states must satisfy additional cirteria to be eligible?[/quote]

    Short answer, yes, as it stands[Least as far as I knoe]they count as third country nationals.

    #114495
    guy
    Participant

    Kay, many thanks for your reply. We need to be particularily careful not to A) treat them like EEA nationals and conversely B) treat EEA nationals from these three states as aliens. :santa:

    #114514
    Kay_Tade
    Participant

    Yep, the DWP ought to have pointed out the danger of treating legit EEA nationals like 3rd country ones from the same member state.

    #114750
    guy
    Participant

    Kay,
    I was doing some further reading on this topic. Estonia, Latvia and Lithuania have signed the ESCMA, but not ratified it. Is this significant in terms on deciding if they are lawfully present in the UK? The DWP refer LAs to there own guidance manual C4 Annex A. Or is this now out of date? Or am I missing the point? Do we need to apply the following tests:
    * Immigration Status Test (if applicable)
    * HRT1 right to reside
    * HRT2 habitual residence and
    we would need to see their passport and VISA clearance. If any only have temporary admission, I assume they would fail. :~

    #114850
    Kay_Tade
    Participant

    [quote=guy]I was doing some further reading on this topic. Estonia, Latvia and Lithuania have signed the ESCMA, but not ratified it. Is this significant in terms on deciding if they are lawfully present in the UK?[/quote] No not really because the are also EEA nations so don’t have to depend on ESCMA. If they were not then they would need to have ILR, ELR etc and then pass the second stage of the HRT in order to be able to claim.

    Hope that makes sense.

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