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brits abroad

Immigration to European countries, don't post UK or Ireland related topics!

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saud27
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brits abroad

Post by saud27 » Mon Jul 23, 2007 8:49 pm

if a british citizen was to travel and settle in any EU country is he entitled to claim from that countries welfare state

as is the case in the uk with poles and others
?

SYH
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Post by SYH » Mon Jul 23, 2007 8:51 pm

why would you single out some country when speaking of benefits???
Go to your nearest job centre for details

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Jul 23, 2007 9:50 pm

The answer depends on the details of the case.

Any EU citizen can go and live in another EU country for a short term without restrictions.

To stay longer than 3 months, you need to have a job [edited to add] or be otherwise exercising treaty rights .

If at some point later you become unemployed, then yes, you are entitled to social assistance in the member state in which you are in (though there are some implications if you are regularly on social assistance and you have lived there for fewer than 5 years).
Last edited by Directive/2004/38/EC on Tue Jul 24, 2007 5:18 am, edited 1 time in total.

avjones
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Post by avjones » Mon Jul 23, 2007 11:25 pm

"To stay longer than 3 months, you need to have a job. "

That's not quite right, surely? You have to be exercising treaty rights. One way of doing that is working.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Jul 24, 2007 5:20 am

Technically speaking you are right, though I am not sure exactly what your entitlement is to social support as a student, for example. I have edited my post to give it the vague "treaty rights" precision.

Dawie
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Re: brits abroad

Post by Dawie » Tue Jul 24, 2007 10:27 am

saud27 wrote:if a british citizen was to travel and settle in any EU country is he entitled to claim from that countries welfare state

as is the case in the uk with poles and others
?
Why not just get a job and not claim benefits?
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

Christophe
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Post by Christophe » Tue Jul 24, 2007 12:17 pm

Directive/2004/38/EC wrote:Technically speaking you are right, though I am not sure exactly what your entitlement is to social support as a student, for example. I have edited my post to give it the vague "treaty rights" precision.
Doesn't continuing to look for a job after 3 months and having a realistic expectation of finding one count as exercising treaty rights? (My wording is not exact, and in any case it is all rather delightfully vague in the details...)

But, to answer the original question, no, you can't - in ordinary circumstances - just turn up in another EU country and expect to claim social welfare benefits on the same basis as the local population or as people who have been living there.

Dawie
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Post by Dawie » Tue Jul 24, 2007 12:20 pm

Christophe wrote:
Directive/2004/38/EC wrote:Technically speaking you are right, though I am not sure exactly what your entitlement is to social support as a student, for example. I have edited my post to give it the vague "treaty rights" precision.
Doesn't continuing to look for a job after 3 months and having a realistic expectation of finding one count as exercising treaty rights? (My wording is not exact, and in any case it is all rather delightfully vague in the details...)

But, to answer the original question, no, you can't - in ordinary circumstances - just turn up in another EU country and expect to claim social welfare benefits on the same basis as the local population or as people who have been living there.
Just to add to that, it's a common misconception that Poles and the like can just arrive in the UK and start claiming benefits and get a council house. Despite what the BNP and Sun newspaper might have you believe, they can't.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

Wanderer
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Ireland

Post by Wanderer » Tue Jul 24, 2007 1:21 pm

Dawie wrote:
Christophe wrote:
Directive/2004/38/EC wrote:Technically speaking you are right, though I am not sure exactly what your entitlement is to social support as a student, for example. I have edited my post to give it the vague "treaty rights" precision.
Doesn't continuing to look for a job after 3 months and having a realistic expectation of finding one count as exercising treaty rights? (My wording is not exact, and in any case it is all rather delightfully vague in the details...)

But, to answer the original question, no, you can't - in ordinary circumstances - just turn up in another EU country and expect to claim social welfare benefits on the same basis as the local population or as people who have been living there.
Just to add to that, it's a common misconception that Poles and the like can just arrive in the UK and start claiming benefits and get a council house. Despite what the BNP and Sun newspaper might have you believe, they can't.
Yes I think it's probably true they can carry their Polish benefits here same as we can if looking for work in EU.
An chéad stad eile Stáisiún Uí Chonghaile....

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Jul 25, 2007 6:54 am

That is true in general in the EU. If I am working in Germany and I get laid off, I will receive unemployment insurance. I have the option of moving to a new EU country (like France or the UK) to look for work, and will continue to be paid my unemployment benefit (I believe the new country will pay me the money and they will receive reimbursements from the old country you were working in).

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