§ Mr. AllenTo ask the Secretary of State for the Home Department what specific amount of capital or income has been set by the immigration and nationality department to satisfy the Department of a European economic area national's entitlement to residence under Council directive 90/364 EEC.
§ Mr. Charles WardleNo specific amounts are set, but in general we expect an applicant to have a sufficient level of income or capital to exceed the limits at which income support could be claimed.
§ Mr. AllenTo ask the Secretary of State for the Home Department what provision is made under the Immigration (European Economic Area) Order 1994 or elsewhere to give effect to Council directive 75/34 article 5, which says that a retired self-employed citizen of the Union must be permitted a period of two years from the date on which he or she becomes entitled to the right of residence to exercise the right, even if the person has spent those two years outside the country.
§ Mr. Charles WardleArticle 6 of the draft Immigration (European Economic Area) Order 1994 provides that a self-employed person who has ceased economic activity in the United Kingdom within the terms of Council directive 75/34/EEC is qualified to reside in the United Kingdom. No time limit is imposed within which this right must be exercised.
§ Mr. AllenTo ask the Secretary of State for the Home Department what evidence of sickness insurance in respect of all risks the immigration and nationality department has determined to be appropriate for the purposes of Council directive 90/364 EEC.
§ Mr. Charles WardleThis requirement is not applied at present.
§ Mr. AllenTo ask the Secretary of State for the Home Department how many citizens of the European Union have been issued letters in each of the past five years advising them that their presence in the United Kingdom is no longer lawful on the ground that the person is not or is no longer exercising a treaty right; and how many of those decisions were subsequently executed in each of the past five years.
§ Mr. Charles WardleInformation is available for only part of the period requested. Between September 1992 and December 1992, 27 letters were issued to European Community nationals advising them that, because they 173W were not in employment and had insufficient resources to avoid becoming a burden on public funds, they were not exercising a right of residence under European Community law and accordingly should make arrangements to leave the United Kingdom. In 1993, 180 such letters were issued. Since 1 January 1994, when EC rights of residence were extended to the European economic area, 563 such letters have been issued to EEA nationals. The Benefits Agency is informed so that it can cease payment of any income support, but it is not known how many of those concerned subsequently left the country.