December 2019 – Right to Reside

The first was whether the extension of the Worker Registration Scheme (WRS) continuing the requirement of EU nationals from the so called A8 countries to register employment was lawful. The UK government argued that removal of the WRS would have a detrimental impact on the UK labour market. However the Court held the extension was unlawful on the grounds that it was disproportionate. Although there was evidence that removing the WRS would have a small effect on the UK labour market, the government had not provided any evidence as to how it sought to balance that against the significant detriments for employers and migrant A8 workers.

The second question was whether the residence referred to in the rules regarding permanent rights to reside in the UK following three years residence in the UK meant legal residence or simply factual residence. The Court held that the residence referred to was factual residence rather than legal.

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