Advice Centre

Immigration: EU citizens could be deported or refused entry back into the UK under new “secret” Home Office enforcement powers

Posted by: Iwona Durlak
Posted in: Immigration
Date published: 01/03/2017

A briefing written by respected Immigration Barrister, Colin Yeo published on 27 February has warned of the new powers that the Home Office has acquired as a result of new regulations which came into force on 1 February 2017 – Regulations that seem to have been kept under wraps.

Colin says “these regulations increasingly suggest that an EU citizen who is physically present in the UK but who the Home Office considers does not have a right of residence is in a precarious and unlawful position and can now be removed from the UK at any time”.

Could this affect you?

Colin advises, that there are three groups affected:

1. “In the main, EU citizens who are self-sufficient but who do not have comprehensive sickness insurance (CSI).  This would include an EU citizen married to a British citizen where the EU citizen does not have comprehensive sickness insurance, is not currently working or self-employed and has not worked or been self-employed for five continuous years.
2. EU citizen students (past or present) are also affected where they did not have comprehensive sickness insurance.
3. Other EU citizens who are physically present in the UK but not qualified persons are also affected.  This would include EU citizens simply living in the UK who are not having recourse to public funds and do not have comprehensive sickness insurance and street homeless EU citizens.”

In Summary

So according to the above, if you are self-sufficient in the UK and not claiming benefits but you don’t have comprehensive sickness insurance, you don’t have the right of residence and could be deported or refused entry back into the UK if you leave.

The news of these new found powers that the Home Office now has is understandably causing wide spread panic across EU migrant communities but it is clear to all, that they have been put in place to not only try to make NHS savings but to also further line the pockets of insurance companies.  We should all be hopeful that the Home Office will not abuse their powers by removing EU citizens that have contributed positively for years whilst living in the UK – to do that would be grossly unfair.

IMD Solicitors LLP’s experts provide full immigration services and are on hand to assist you in gaining Permanent Residence and British Citizenship.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.