AIT (1) Until 30 April 2006, the rights of Polish nationals admitted to the United Kingdom under the Polish Association Agreement before Poland’s accession to the EU on 1 May 2004 were governed by paragraph 255B of the Immigration Rules. (2) Paragraph 255B remained in force until 30 April 2006 when the Immigration (European Economic Area) Regulations 2006 came into force. (3) Polish nationals whose decisions were made prior to 30 April 2006 were permitted to aggregate the time spent in the United Kingdom under the Association Agreement and the 2000 Regulations in calculating the qualifying period for the grant of ILR. (4) Paragraph 255B does not to apply in relation to decisions made after 30 April 2006. Polish Nationals seeking rights of permanent residence under the 2006 Regulations are not entitled to aggregation of time spent under the Association Agreement. For this group, the qualifying period of five years operates from the date of accession,1 May 2004, and there are can be no Polish nationals, who qualify under the 2006 Regulations before 1 May 2009. (5) The terms of the letters written to Polish nationals granting them leave to enter under the Association Agreement to the effect that they would be eligible to apply for settlement in the United Kingdom one month prior to the expiration of their leave, did not give rise to a legitimate expectation or any other right, contractual or otherwise, preventing the Secretary of State from making alterations to the provisions affecting Polish workers after accession or at any time thereafter. (6) By comparison to the rights afforded to other accession state nationals, the scheme as it affects Polish nationals does not unlawfully discriminate against them.
[2008] UKAIT 00077
Bailii
England and Wales
Updated: 21 June 2021; Ref: scu.277825
