The Free Movement of People Directive is one of the biggest scams ever fostered on this country by the EU.
Free Movement of People Directive
This Article is being used by Nigerian scammers and Pakistani students to engage in fraudulent marriages in order to bi-pass our immigration policies. Now every failed asylum seeker and non-EU student can marry an EU citizen, usually from Eastern Europe, and get residence based on this scam. Not only that but the Polish or Latvian spouse can be brought over for the sole purpose of engaging in this fraud.Beneficiaries
1. This Directive shall apply to all Union citizens who move
to or reside in a Member State other than that of which they
are a national, and to their family members as defined in point
2 of Article 2 who accompany or join them.
2. Without prejudice to any right to free movement and
residence the persons concerned may have in their own right,
the host Member State shall, in accordance with its national
legislation, facilitate entry and residence for the following
(a) any other family members, irrespective of their nationality,
not falling under the definition in point 2 of Article 2 who,
in the country from which they have come, are dependants
or members of the household of the Union citizen having
the primary right of residence, or where serious health
grounds strictly require the personal care of the family
member by the Union citizen;
(b) the partner with whom the Union citizen has a durable
relationship, duly attested.
The family members or dependents includes parents, grandparents, children, brothers, sisters or any other 'dependants' the scammers can come up with. So a failed Nigerian asylum seeker or a student can enter the country, engage in a sham marriage and then claim his relatives are now dependant or members of the household of the EU citizen and bring the whole family over here.
The checks allowed for this are extremely flimsy because of the directive so the State has very little scope for stopping this fraud.
This Article completely over-ruled the 2 year ban on social welfare that was declared by the government at the time of enlargement in order to stop welfare tourism. This was anounced at the time following a similar anouncement by the UK.Article 24
1. Subject to such specific provisions as are expressly
provided for in the Treaty and secondary law, all Union citizens
residing on the basis of this Directive in the territory of the
host Member State shall enjoy equal treatment with the
nationals of that Member State within the scope of the Treaty.
The benefit of this right shall be extended to family members
who are not nationals of a Member State and who have the
right of residence or permanent residence.
2. By way of derogation from paragraph 1, the host
Member State shall not be obliged to confer entitlement to
social assistance during the first three months of residence or,
where appropriate, the longer period provided for in Article
We now have the situation that any EU citizen and their non-EU 'family members' can claim social welfare by looking for work and claim all the additional benefits like social housing, medical cards, childrens allowance etc etc etc.