Approving the right to reside test for social security benefits

Table of contents

• Original news
• What was the background to the case?
• What were the arguments before the CJEU?
• What did the court decide, and why?
• What is the significance of the decision?
• How does the decision fit in with other developments in this area?
• What should practitioners take away from the judgment?

Article summary

Immigration analysis: Dr Charlotte O’Brien, senior lecturer at York Law School at the University of York, suggests the European Court of Justice’s (CJEU) decision that the UK can lawfully require EU nationals to have a right to reside in the UK before they can claim child benefit or child tax credit is problematic in several ways.