FOOTNOTES AND AS MANY LAW CASES AS POSSIBLE .

Question

Andrzej, a Polish national, recently came to the United Kingdom with his partner Isabela and their two children Katarzyna and Marek. Andrzej obtained a job for a few

hours a week where he was paid a salary that was below the minimum wage. He discovered that UK nationals who worked at the factory and who did the same job as him were

paid a higher amount and received more holidays than he did. He wished to obtain a social security benefit to top up his income, but was told that, as a non-UK

national he did not qualify for this.

Isabela applied for a job as a civil servant. Her application was refused on the ground that this job was open to UK nationals only.
She then applied to be a hotel receptionist. Although she had passed English language exams in Poland she was required to sit for an English language test. She was

told that her mark in the test was not high enough so she did not get the job (which was offered to a UK national), although she argued that her English was good

enough for this type of work.

Katarzyna is aged 16 and has left school. After coming to the UK, she applied to do a secretarial course at a local college. She had to pay a fee to do the course but

later discovered that she was charged a higher fee than UK nationals who had done the same course as her.

Marek was aged 18 and applied to a UK university in Scotland therefore would be living away from his family. He applied for a loan and other financial support while he

undertook his course, but he was told that as a non UK national he did not qualify for this.

Andrzej applied for a family rail card. This was refused on the ground that the family had not been resident in the UK for five years.

The family have now encountered some difficulties with the UK authorities. To supplement his income, Andrzej had been selling counterfeit goods. He was convicted of

fraud and sent to prison for three months.

Isabela was convicted and fined for shoplifting. Katarzyna was caught using illegal drugs at college and was cautioned. Marek went on a march with some of his fellow

students in Scotland. The march turned violent and Marek was arrested for unruly behaviour.

The UK authorities have now decided that the whole family should have their UK residence terminated and be deported.

Critically discuss and advise Andrzej, Isabela, Katarzyna and Marek how EU Law relating to the free movement of persons (Art 45 TFEU) can be argued to the above

events.

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