On 7 November 2012 the Court of Appeal gave judgment in the case of Pryce v London Borough of Southwark.
The Appellant (Pryce) was unlawfully present in the UK, but the sole carer of her British citizen children. She was successful in establishing that she has an EU right of residence in this case, following the European Court judgment in the case of Zambrano. The outcome of the Court of Appeal case enables her to be eligible for homelessness assistance through the local housing authority because she was not to be classed as a person subject to immigration control and was a person with a right of residence in this country due to the nationality of her children.
The Pryce judgment benefits all persons who meet the Zambrano criteria (overstayers with sole care of British National children) who applied for homelessness assistance prior to 8 November 2012. It also helps Zambrano beneficiaries establish eligibility for benefits and tax credits, as well as to secure healthcare treatment in hospitals.
New immigration regulations came into force on 8 November 2012 that attempt to limit access to housing and benefits for persons applying on or after that date.
Bhatia Best Solicitors are happy to advise on eligibility to Social and welfare assistance under both the old an new provisions.