Fredrik and his partner Elsa who are Swedish nationals decided to visit the United Kingdom. After a month, Fredrik obtained some casual work on a building site so that they could afford to extend their stay in the UK. This work only lasted for two months so then Fredrik looked for more work. He decided to claim financial support while looking for a job but was told that such support was only available to UK nationals.
Elsa, who had trained in Sweden as a school teacher also looked for a job. She applied to a UK school. As a non-UK national she was required to sit an English language test. She argued that she had passed English exams in Sweden but was told that these were not recognised. She refused to take the test and therefore did not get the job. Instead she obtained a job as a language translator.
Fredrik eventually obtained a job as a machine operator in a factory. He discovered that his rate of pay was lower than his UK national colleagues with the same experience as him, even though he worked the same hours and undertook the same duties.
Fredrik’s and Elsa’s two children Julia, aged 19, and Nils, aged 16, also arrived in the UK. Nils had just finished school in Sweden and applied to college to undertake a training course to be a builder. However he discovered that his course fee was higher than that charged to UK nationals who were doing the same course and while UK students could claim from their local authority for study expenses he was told that this was not available to non-UK nationals.
When Julia arrived in the UK she obtained a job as a shop assistant for six months. She then obtained a place at a UK university to study science. Although she applied for and obtained financial support she found that it was less than that for a UK national. Also, her university wanted to charge her twice the tuition fee that they charged a UK national doing the same course.
Fredrik and Elsa saw an advert which said that a tax rebate was available for a family that opened a family savings scheme. They applied for such a scheme but were told that the tax rebate was only available to UK nationals.
After some time in the UK, Fredrik was discovered to have been making false tax returns. He was convicted and sent to prison for six months.
Elsa had been convicted a number of times for driving offences. On the most recent occasion she was banned from driving for 12 months.
Nils had been on several marches with an extreme political group. On the most recent occasion violence broke out and Nils was convicted with assault.
The authorities have now ruled that the whole family is undesirable and should be deported immediately.
Advise Fredrik, Elsa, Nils, and Julia how EU law relating to the free movement of persons (Art 45 TFEU) can be argued to the above situation.
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