AIRE Centre Immigration and European Law Advocacy

Law Works Immigration and OISC Matthew Evans Director AIRE Centre

WHO WE ARE The AIRE centre transforms people s lives by making sure they re treated fairly. We navigate the maze of European law, advising and representing migrants for free and supporting practitioners and decision makers.

WHAT WE DO The AIRE Centre makes sure the most vulnerable and marginalised people are treated fairly and are protected by European law. We defend the rights of migrants, usually but not exclusively, EEA citizens, with focus on vulnerable categories, by providing free legal advice and representation, and support practitioners and decision makers, at every level, to apply EU law fairly and correctly.

THE AIRE CENTRE WHO WE ARE UK based legal charity Mission: Challenge injustice caused by the misapplication of European law Three strands of activity: Advice Line Strategic Litigation in domestic and European Courts Training and standard/ policy setting Third party intervener in many human rights cases on national and European level

HOW WE DO IT We give free legal advice to people in need and their representatives and represent them in tribunals and courts Many requests concern citizens of the newer EU States and most concern residence rights and benefits Where we see there are larger problems, impacting groups of people, we undertake strategic litigation, either by representing clients ourselves or as third-party interveners, in the higher domestic courts, the European Court of Human Rights or the Court of Justice of the European Union We train lawyers, judges and voluntary-sector organisations to better understand EU law and the European Convention on Human Rights. We get involved at the policy level, speaking at conferences, publishing reports and engaging with the media to influence those who make the decisions to pay attention to the problems impacting victims of human rights violations.

THE ADVICE SERVICE The AIRE Centre provides free legal advice to individuals and other voluntary-sector advisers in the UK on European law. Advice Line Service 10:30 to 18:00 On: EU law on the free movement of persons (the rights of EEA nationals and their family members in the UK and other EU member states in relation to residence documentation, welfare benefits, NHS care, expulsion, and related matters). Specific legal project on victims of trafficking, slavery, servitude and forced labour for over 7 years Advice is usually provided in writing, drafted by the AIRE Centre s interns and supervised by AIRE Centre lawyers

THE AIRE CENTRE OUR AREAS OF WORK - EU Free Movement and access to welfare - Asylum and Migration - Domestic Violence - Trafficking - Homelessness - Western Balkans Rule of Law - EU Settlement Scheme

OISC OFFICE OF THE IMMIGRATION SERVICES COMMISSIONER The Immigration Services Commissioner has a duty to ensure that those who provide immigration advice or immigration services are fit and competent to do so. This Guidance on Competence (Guidance) sets out the standards advisers must meet to be considered competent.

GUIDANCE NOTE ON THE SIGNPOSTING AND EFFECTIVE REFERRALS ARE YOU PROVIDING IMMIGRATION ADVICE OR IMMIGRATION SERVICES? Definitions of immigration advice and immigration services are set out in section 82 of the Immigration and Asylum Act 1999 (as amended).

OISC LEVELS Three OISC Levels of immigration advice and services Level 1 Advice and Assistance Level 2 Casework Level 3 Advocacy and Representation Code 9 https://www.gov.uk/government/ publications/oisc-supervision-guidance-note Third Parties

GUIDANCE NOTE ON THE SIGNPOSTING AND EFFECTIVE REFERRALS Introduction People should receive timely service & from an appropriate source as soon as possible, if necessary by signposting or referral Where adviser s principles or charter only permits services to be offered to specific client groups, this must be clearly reflected in their signposting and referral procedures (Code 31). Signposting means directing an enquirer to other more suitable advisers by assessing what they need and finding out whether the other adviser can provide the required service. Advisers must implement a signposting and referral policy While some advisers are regulated at all categories (e.g. immigration and asylum), many give advice only in specific areas, such as EEA Law.

GUIDANCE NOTE ON THE SIGNPOSTING AND EFFECTIVE REFERRALS When to signpost? When to refer?

WHAT IS THE EU SETTLEMENT SCHEME? Enables EEA citizens and their family members to apply for an immigration status (settled status or pre-settled status) that will allow them to live lawfully in the UK after Brexit Deadline for applications is 30 June 2021 (with exceptions) Eligibility is governed by Appendix EU to the Immigration Rules.

WHO NEEDS TO APPLY FOR SETTLEMENT/PRE- SETTLEMENT? 1. Relevant EEA citizens (generally those resident before 11pm on 31 December 2020) 2. Their family members (including those with retained rights) unless they re close family members they generally also need to have been residing in the UK before 31 December 2020. 3. People with a derivative or Zambrano right to reside 4. Family members of qualifying British citizens ( Surinder Singh cases) 5. Family members of relevant naturalised British citizens i.e. family members of dual British/EEA nationals who exercised free movement rights in the UK before naturalisation and who retained their EEA nationality after acquiring British citizenship.

WHAT IS SETTLED STATUS? Form of indefinite leave to enter/ remain in the UK Holders of settled status: Have an indefinite right to live in the UK Can spend up to 5 consecutive years outside the UK (or 4 if they are Swiss nationals) without losing settled status (compared to just 2 years for holders of ILR by another route) Have the same rights to live, work, and access health and social welfare as UK nationals (but High Court has observed that right to community care currently appears to be subject to NIAA 2002, schd. 3 - Antoniak) Can apply for British citizenship after a year of settled status

WHAT IS PRE-SETTLED STATUS? Form of limited leave to enter/remain in the UK. Holders of pre-settled status: Are granted the right to live in the UK for up to 5 years Can spend up to 2 consecutive years outside the UK without losing this status Have the same rights to live, work and access healthcare as UK nationals but not to access non-contributory benefits (unless they have another ground) (subject to appeal in Fratila & Tanase) or community care (unless it would breach EU/ECHR rights) Can apply for settled status after 5 years continuous residence in the UK (with absences of (generally) no more than 6 months in any 12 months Must apply for settled status before their pre-settled status expires

www.airecentre.org Follow Us on Twitter @AIRECentre Like Us on Facebook