Acknowledgements to Rob Warm and Pip Tyler from Yorkshire and Humber for compiling report.
END OF A8 TRANSITIONAL ARRANGEMENTS IN 2011
Purpose
1. This briefing paper outlines our understanding of the changes that will take place regarding migrant workers from A8
1 countries on 30 April 2011, and the possible impacts this may have upon local services. The likelihood of such impacts need to be considered by local authorities and other organisations working with migrants in advance of the changes, in order to plan and respond effectively. This document is based upon information received from a range of sources, but organisations are advised to seek legal advice where appropriate. Background – EU enlargement and how it affected the UK
2. The 2004 Accession Treaty allowed ‘transitional measures’ to be applied to countries joining the EU, for a maximum of seven years. Those transitional measures, such as the requirement to register for work, come to an end on 30 April 2011. After this point, individuals from A8 countries will have the same rights and entitlements as those from other member states.
3. In the five years since accession (2004-2009), 80 000 people from A8 countries have registered to work in Yorkshire and Humber on the Worker Registration Scheme (WRS), bringing at least 12 600 dependants with them (both adults and children). We do not know how many of these are still in the region, or how many have moved away again, although there have been many reports that significant numbers have left.
2 There will also be some people who were not required to register, such as the self-employed or family members arriving later on to join existing workers.
4. At present, there are restrictions on A8 nationals claiming benefits. They are required to register their work under the WRS until they have had a continuous year in such work, without interruptions totalling more than 30 days. During this period, they may only claim certain benefits whilst in registered work. Only thereafter may they claim in the same manner as other newly-arrived EU nationals – who themselves must pass the Habitual Residence Test in order to claim a range of benefits (such as income support, income-based Job Seekers Allowance, housing benefit and access to local authority housing).
5. The Habitual Residence Test is composed of two stages that must both be passed: the right to reside and habitual residence. It is complicated by the fact that ‘habitual residence’ is not defined in legislation, and so is determined by the individual assessor. National statistics show that the majority of A8 nationals applying for tax-funded income-related benefits in the UK over the past year (September 2009 to September 2010) failed the Right to Reside and Habitual Residence Test.
7. There have been increasing reports of A8 nationals becoming destitute as a result of not finding work or losing their jobs without one year of continuous employment. For example, Homeless Link published an England-wide survey of homelessness among migrant groups in March 2010, finding rough sleeping in every region. Several ‘reconnection’ projects have also been initiated to assist people in this situation, with one pilot project taking place in Yorkshire and Humber.
What will change in 2011?
8. At the moment, there is a lack of clear information available from government about the changes that will occur on 1 May 2011 and their likely impact. We do know that:
A8 countries will have been members of the EU for seven years, so A8 nationals will become ordinary EU nationals and will be assessed like any other EEA national with the same rights and entitlements. UK restrictions upon A8 nationals to register on the WRS will cease. A8 nationals seeking work will have the ‘right to reside’ as a jobseeker. After a period of time in the UK A8 workers/jobseekers will be ‘habitually resident’ (this is generally after about three months). By satisfying both elements of the Habitual Residence Test (Right to Resident and Habitual Residence), A8 workers/jobseekers will be able to access some means-tested benefits but like other EEA nationals, will still only have limited access to other income-related benefits. A8 nationals who are working will have ‘worker status’/‘worker’s rights’. A8 workers with over a year of continuous employment will retain this worker status if they become involuntarily unemployed or become unable to work because of illness, and will be eligible for the housing register and homelessness services.
The entitlements of A8 nationals with less than a year of continuous employment or who have never worked is not entirely clear, due to the complexity of rules in place for different circumstances or because of recent legal challenges. For example, the parent/carer of a child in education who has worked for less than 12 months and has become economically inactive may be eligible for certain benefits. Data on A8 nationals registering on the WRS will no longer be available. Alternatively, data on A8 nationals can be sought from the DWP data on new national insurance numbers issued to foreign nationals (which shows new NINOs issued by nationality and local authority area). Implications of end of transitional controls
9. The situation around benefits and entitlements is unclear. There are a range of issues which might impact on the benefits available to A8 nationals after 30 April 2011. For example if UK regulations distinguishing between those who have been working for less than a year and those who have worked for more than a year were challenged this would have a large impact on entitlement and service demands. It may also be possible that the Government seeks to postpone the changes by invoking powers about special circumstances (which were used by other EU countries when A8 countries joined the EU originally in 2004).
10. Additionally, the European Commission is to challenge the UK’s operation of the WRS. If successful, this may result in claims before April (or challenging previous refusals) from A8 nationals excluded from benefit for periods of sickness and unemployment after having had work registered on the WRS. On top of this, it is yet to be determined whether A8 parents or carers of children in education, who become economically inactive, can claim means tested benefits under the rulings earlier this year which led to this right for other EEA nationals.
11. There are also uncertainties around the size of the population potentially eligible for benefits – as those who did not work in the UK for over 12 months but lived here anyway (either using their existing resources, worked but not continuously with one employer, or were effectively homeless) for long enough to meet the Habitual Residence Test will not have been ‘counted’ systematically anywhere, as they will not have been in touch with any services.
12. The impact of these changes is far from clear. There is a range of views aroundwhether this will have an impact on demand for services at all and, if so, how large that impact will be. Some potential changes include:
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IIncreased applications for income-related benefits from across all types of A8 national who are habitually resident.
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Increased requests for help from Social Services from parents of children with specific care needs, as these groups may possibly be brought to the UK earlier.
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A significant increase in demand for advice services from all A8 migrants A possible reduction in A8 nationals considering return or ‘reconnection’.
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A possible increase in new arrivals from A8 countries due to the lack of requirement to register on the WRS, although this may be countered by the expected impact of recession upon work opportunities.
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Increased processing and decision-making burden upon front line services.
Uncertainties
13. There are a number of issues that may cause the impact of these changes to differ from those we are anticipating. Some of these centre around potential legal challenges to UK regulations.
14. There is also uncertainty created by the government's wider changes to the welfare system for the general UK population, which will affect A8 nationals too in the future as they are rolled out.
Further Information:
15. There is clearly a set of issues here that need to be understood locally to enable effective planning for potential service pressures. The changes that occured to local communities following the expansion of the EU in 2004 were largely unanticipated and caused pressure upon local services and some hostality in local communities.
16. The partnership will continue to keep partner organisations updated as we receive information. Other sources of information which may provide updated information in the future include:
UKBA www.ukba.homeoffice.gov.uk
Communities and Local Government www.communities.gov.uk
Housing Rights website www.housing-rights.info
myukinfo.com website www.myukinfo.com
Guidance for organisations working with homeless Central and Eastern Europeans is grouped into themes below.
Good practice
- Good Practice Notes to support local authorities and their partners to develop a strategic response and offer for Central and Eastern European rough sleepers were released December 2010.
- Working with homeless A8 nationals: See our 2006 good practice guide, Sharing Solutions, on how to work with A8 nationals in homelessness services
- Guidance for local authority housing options teams with low numbers of Central and Eastern Europeans presenting for advice is available here.
- Accommodation: information on accommodating Central and Eastern Europeans
- Reconnection: information about reconnection services
- Employment: information on employment entitlements and resources
- Legal advice: a list of relevant legal advice providers
- Opening Doors, a project between Charted Institute of Housing (CIH) and Housing Associations' Charitable Trust (HACT) up to June 2009, produced a range of material which should be useful to any housing organisation wanting to expand its services to refugees and new migrants. Access the materials here.
Health
The health section of the entitlements guide, developed by Homeless link and the AIRE Centre, gives guidance on A8 and A2 nationals’ entitlements to NHS services, including access to primary and secondary care, and information about the European Health Insurance card.
The NHS has published Primary Care guidance for people who are new to the UK which includes information on how to register with a GP and access other NHS Services. It clarifies the processes involved and provides information about locating local healthcare services. The guidance is also available in Polish.
NHS Newham has produced an information video for migrants on how to access primary health services in the borough.
General advice and guidance
A new site has been launched by the Chartered Institute of Housing (CIH) and the Housing Associations' Charitable Trust (HACT) aimed at answering questions about the housing rights of new migrants. The site includes sections on the specific housing rights of new migrants who are:
- Refugees
- EEA workers and other EEA nationals and family members
- A8 nationals
- Bulgarians and Romanians
- work permit holders
- people fleeing domestic violence
- people with social care needs.
Visit the Housing rights website or for further information see the article on the HACT website, or the article on the CIH website.
Training
Homeless Link offers training courses on working with clients from the A8 member states. For more information visit the training pages.
The UK Lesbian and Gay Immigration Group runs training courses on issues faced by lesbian and gay asylum seekers when claiming asylum in the UK. For more information visit the UK Lesbian & Gay Immigration Group (UKLGIG) website.
Sexuality
In September 2008 the Terrence Higgins Trust launched a programme of work called 'Scene but unseen: Assisting migrant gay men targeting men who have sex with men who have migrated to England and Wales to help reduce their vulnerability to HIV and poor sexual health'.
Resources include:
Pocket-sized concertina leaflets in 6 languages (English, French, Italian, Polish, Portuguese and Spanish)
Gay Britain website (this is for both migrant men themselves and professionals in the HIV/sexual health and immigration sectors)
‘Scene but unseen: Assisting migrant gay men’ resource pack
Sector summary report; and Guidelines and audit tool for migration organisations.
See the programme briefing for more details and for information on ordering resources.
Communication
Homeless Link has produced two short guides to help homelessness organisations communicate with their Central and Eastern European clients:
HOW TO: Help your clients communicate
HOW TO: Recruit volunteers who speak Central and Eastern European languages - produced in partnership with Enfield Citizens Advice Bureau.
Ectaco free online dictionaries can translate to and from all of the A8 languages. The Polish page also offers a service to translate larger sections of text. Do be aware however that these kinds of sites generally translate quite literally and do not necessarily amend the sentence structure appropriate to the language.
Language Line is a telephone based interpreting service. They offer special rates for voluntary organisations. Please contact them directly for a quote.
Most consulate websites have information on recommended translators and interpreters. See consulate information to get a list of these websites.
Classifieds/News
Foreigners in UK brings the latest news for migrants and foreigners living and working in the UK. Government immigration policy, developments in legislation, the crucial judicial pronouncements and all migration issues are reported by journalists and discussed by readers daily. News from the various communities in the UK, diaspora events, everyday heroes, insight on key places to visit abroad from locals and recipes from the world over, together with international beauty pageants and gossip from a different world show biz scene.
UKinfo
The website has been built with design input from migrant workers and people that support them. The site provides essential information about immigrating to the UK, employment and training, housing, transport, money, resources for families and children, healthcare and emergency contact information.
The portal has been built by a consortium of four companies led by HTK who are experts at building large, interactive portals. HTK is supported by Keystone Development Trust, a specialist charity that helps migrant workers in the UK, web designers Smith and Saunders, and Milner LLP a marketing consultancy.
The portal is being funded by the East of England Development Agency (EEDA), the European Social Fund (ESF) and the Department of Communities and Local Government (DCLG).
myUKinfo is supported by Language Connect, a translation and interpreting company who also offer specialised language services.
www.myUKinfo.com
Destitution amongst asylum-seeking and refugee children
Destitution: The Children’s Society’s findings
Destitution amongst asylum seeking and refugee children
The Migration Parliamentary Group (MPG) 'myth busting' fact sheets.
Myth-busting fact sheet #1
Myth-busting fact sheet #2
Myth-busting fact sheet #3 - Housing
Myth-busting fact sheet #4 - Health
Myth-busting fact sheet #5 - Employment
Myth-busting fact sheet #6 - Education
http://www.connectpa.co.uk/downloads/mpg_mythbusting_factsheet_7.pdf
http://www.connectpa.co.uk/downloads/mpg_mythbusting_factsheet_8.pdf
How refugee community and mainstream organisations assist and support disabled refugees and asylum seekers in London
Refugee Support Research
Refugee Support, the refugee arm of the Metropolitan Support Trust has recently commissioned research in to how refugee community and mainstream organisations assist and support disabled refugees and asylum seekers in London. The objectives of the research are to: map existing work; assess unmet need; identify barriers to accessing services, explore the concepts of disability and address the shortfalls in service provision. Research findings will be available in November and released at a dissemination event at City Hall in London. For more information about this research contact Charlotte Keeble, Research and Consultancy Manager on 020 7501 2214.
Migrants from A8 Countries and Housing in the East Midlands
The enlargement of the EU in 2004 to incorporate the so-called A10 countries led to a greater than anticipated increase in the number of migrant workers from the A8 countries: Poland, Slovakia, Czech Republic, Slovenia, Lithuania, Latvia, Hungary and Estonia (Audit Commission 2007). Little is known about the housing needs and impacts of the arrival of migrants from A8 countries.
Decent and Safe Homes (East Midlands) was requested by the Regional Housing Group and Government Office East Midlands to conduct research into the housing needs of Accession country migrant workers in the East Midlands. The aims of this project are to explore the housing needs of A8 migrant workers and to suggest means of meeting them.
Research conducted by the University of Birmingham, attached below.
Main Report - Nottingham Migrant Worker April 2009
A study of A8 and A2 migrants in Nottingham
Salford Housing & Urban Studies Unit
University of Salford
In recent years, there has been an increasing focus on the migration of people from A8 and A2 countries1. It is now recognised that local authorities need to understand the composition and needs of their local population in order to be able to plan and deliver services effectively, as well as being able to respond to any issues relating to community cohesion2. Consequently, local authorities are making efforts to find out about the experiences and needs of these new and emerging communities.
The research was commissioned by Nottingham City Council and One Nottingham in August 2008 and was conducted by a team of researchers from the Salford Housing & Urban Studies Unit at the University of Salford. The study was greatly aided by research support from Nottingham City Council Children’s Services Asylum Seeker/Refugee Support Team, as well as a number of community interviewers. The project was managed by a steering group composed of officers representing Nottingham City Council, One Nottingham, Nottingham City Homes, NHS Nottingham City, Nottinghamshire Fire & Rescue Service, Nottinghamshire Police and Basic Educational Guidance in Nottinghamshire (BEGIN).
Over not out
Refugee Suport's latest research report, 'Over Not Out', examines the housing and homelessness issues facing lesbian, gay, bisexual and transgender asylum seekers. The full report and executive summary are available to download from our website: http://www.refugeesupport.org.uk/researchandconsultancy.html
Refugee Council's guide to employing Refugees
Please find attached below the guide for employers Refugee Council have just published jointly with the Equality and Human Rights Commission.
Skills for Care Polish Migrant Workers Skills Audit Project Report
http://eastmidlands.skillsforcare.org.uk/regional_publications/Seeall.aspx
Local Government Association Publication
A resource guide on local migration statistics
http://www.lga.gov.uk/lga/aio/1308026
Supporting disabled refugees and asylum seekers
Refugee Support/Metropolitan Support Trust has released a new research report: Supporting disabled refugees and asylum seekers: opportunities for new approaches. It examines the role played by refugee community and mainstream disability organisations in assisting disabled refugees and asylum seekers in London. The research was commissioned and conducted by the Information Centre for Asylum and Refugees.
Download the executive summary at:
http://www.refugeesupport.org.uk/documents/MST_RCU_DisabilityExecSummary_screen_1108.pdf
Download the full report at: http://www.refugeesupport.org.uk/documents/MST_RCU_DisabilityFullReport_1108.pdf
Regulating immigration services
Local authorities that provide immigration advice and services need to ensure they are on the right side of the law. Alison Purdy reports.
http://www.lga.gov.uk/lga/core/page.do?pageId=1181349
Preventing violent extremism
The first is aimed at councillors the second about the funding of community groups
http://www.lga.gov.uk/lga/aio/1181542
Leading the preventing violent extremism agenda: a role made for councillors
The LGA has published two documents on preventing violent extremism (PVE). The documents are designed to help councillors and local authorities with developing their approach to PVE while providing a broad overview of the PVE agenda for all local authorities. Leading the PVE Agenda - a Role made for Councillors is a booklet that emphasises the importance of the community leadership that councillors provide and outlines the steps that councillors can take to increase their engagement with PVE. It also encourages local authorities to establish a local narrative for why a PVE strategy is relevant to their area.
http://www.lga.gov.uk/lga/aio/1181542
Leading the preventing violent extremism agenda: engaging, supporting and funding community groups
The LGA has published two documents on preventing violent extremism (PVE). The documents are designed to help councillors and local authorities with developing their approach to PVE while providing a broad overview of the PVE agenda for all local authorities. Leading the PVE Agenda - engaging, supporting and funding community groups is a leaflet that addresses concerns expressed by local authorities around the funding of community groups that they have not worked with before. The leaflet provides a brief checklist of questions for councils to consider, so that they can feel more confident in the funding choices they make.
http://www.lga.gov.uk/lga/aio/1181560
Accommodation for migrant workers
Migrant workers come to the UK to seek employment but all too often find themselves living in expensive, overcrowded and poor-quality accommodation. This report seeks to make a fresh assessment of this important issue.
The report is titled ‘Home from Home’ and its recommendations cover four broad areas of action:
*Improving accommodation options and addressing homelessness
*Improving accommodation conditions and enforcement of standards
*Building stronger communities
*Delivering change
http://www.bshf.org/news-events/news-detail.cfm?lang=00&theNewsItemID=2EE1484E-15C5-F4C0-99681659855EA18C
Commission on Vulnerable Employment report
The Commission on Vulnerable Employment estimate that around two million workers in the UK find themselves in vulnerable employment – which we define as precarious work that places people at risk of continuing poverty and injustice resulting from an imbalance of power in the employer-worker relationship. You can download the short version of the Commission on Vulnerable Employment report here by clicking below on the following link.
http://www.vulnerableworkers.org.uk/cove-report/short-report/
Managing the Impacts of Migration: A Cross-Government Approach
Please click on this link for this report: http://www.communities.gov.uk/documents/communities/pdf/838935.pdf
Institute for Public Policy Research
Floodgates or turnstiles? Post-EU enlargement migration flows to (and from) the UK
myUKinfo.com is a website that gives migrant workers and their employers access to important information about working and living in the UK.