Britain has been threatened with legal action and a fine from Brussels over
claims that restrictions on immigration break European law.



The Government has been told it has just two months to comply with all of the
Free Movement Directive or it will be taken to court.


It is facing claims that it has failed to implement four highly technical
aspects of the legislation on the rights of EU citizens to live and work
anywhere on the continent.


“As one of the EU's larger member states, the UK is home to around 2 million
citizens from other EU countries. It is therefore important that UK laws
respect their rights,” said the European Commission, executive arm of the
EU.


Legal experts believe it would be impossible for the Government to implement
all the changes required of it on time, and that it would likely lose at
least one aspect of any case brought to the European Court of Justice in
Luxembourg.


But the Home Office said last night it did not agree with the ultimatum, made
in a “reasoned opinion” published by the EC on Thursday, and
would fight the case.


A Home Office spokesman said: “We disagree with the Commission’s opinion,
which is not binding, and we will appeal.


“As the Home Secretary has said at the Council of Ministers, we will not
tolerate abuse of the Free Movement Directive.”


Politicians also questioned the basis on which the demands are being made, as
well as the tight deadline.


Bill Cash, the Conservative MP for Stone, said: “We have a well-established
understanding of all these matters and as far as I’m concerned we comply
with what has already been decided.


“We need to have a demonstration of what it is that we’ve been breaching. I
don’t know the basis on which they’re doing this.


“The amount of time that they have provided is wholly inadequate in the
circumstances.”


Under the 2004 Free Movement Directive, which Brussels says should have been
implemented fully by 2006, citizens of the 27-nation bloc enjoy the right
“to freely travel, live and work anywhere in the European Union”.
it also guarantees certain rights to non-European relatives of EU citizens,
but it is claimed that Britain is denying them.


Family members of EU citizens are supposed to be able to travel with them
around the continent without needing a visa, but “the UK laws do not grant
this important right which lies at the heart of free movement”.


In addition, the EC says Britain should consider granting residency rights to
people who are extended family members of EU citizens.


It is also claimed that the Government should require EU citizens to take out
private health insurance when they move here, despite their entitlement to
free NHS care, because all other European countries rely on that system.


Britain's current system "breaches EU law", the EC says.


Finally, Romanian and Bulgarian workers should be given the same residency
documents as other EU citizens during their first 12 months in Britain, it
is claimed.


Colin Yeo, a specialist in immigration law at Renaissance Chambers, said the
changes required were technical and would not affect many people.
"All four of these points seem to be more a
matter of realising and accessing rights than any substantive change in UK
policy or practice.


"In some ways it looks like the UK is managing to make a mountain out of
a molehill by failing to amend laws it knows are out of step with EU free
movement rights. The Commission was bound to do something about it
eventually."
http://www.telegraph.co.uk/news/uknews/immigration/9229904/Britain-faces-fine-from-Brussels-over-immigration-restrictions.html