The right to residence test says an EU citizen can only live in Britain for more than 3 months if they are in work, are self-employed,or have sufficient financial resources and health insurance to ensure they are not a burden on the welfare system.
This decision means that some EU migrants with dependent children are denied access to child benefit and child tax credits.
The EU Commission claimed that this was discrimination against immigrants from other EU states.
However today the European Court of Justice has rejected the legal challenge, confirming Britain’s right to impose such rules, in order to protect the UK’s public finances. …show more content…
Anticipation is that there will be more of these challenges, following David Cameron’s initiative to curb “benefit tourism”.
Poland is expected to challenge the UK’s emergency brake mechanism, which proposed denying migrants access to in-work benefits and tax