Fact sheet: Removal of EEA Nationals who are Rough Sleeping

Deighton Pierce Glynn have created a fact sheet covering the Home Office’s updated policy and guidance which allows for the removal from the UK of EEA nationals who are rough sleeping.

In certain circumstances the Home Office has the power to remove EEA nationals if they are suspected of abusing the regulations governing freedom of movement rights. The updated policy, which was released in May 2016, has introduced sleeping rough as an abuse of the right to freedom of movement, making any EEA nationals rough sleeping liable to detention, removal and re-entry restrictions for a period of 12 months.

The SLF grant funded Deighton Piece Glynn solicitors to undertake pre-litigation research on the lawfulness of the Home Office policy, and to examine whether the policy is contrary to EU law on the grounds that it would prevent EEA nationals from exercising their right to live, work and study in the UK. Figures show that around 12% of those sleeping rough are under 25yrs and a significant number are likely to be EEA nationals. The policy could affect young EEA nationals engaged in seasonal employment who are vulnerable to losing their homes once the work comes to an end. The policy could also impact on those who become homeless following a bereavement or relationship breakdown.

The fact sheet is designed to enable non-specialists to understand how decisions to remove an EEA national are made, the process that should be followed and what can be done to appeal against the decision to remove. The factsheet is available from the Strategic legal Fund archive here