ABSTRACT

This chapter examines entitlement to social security in the European Union (EU) for migrants who are not nationals of an EU member country. It looks at both the direct effect of immigration status on benefit eligibility and the effect of benefit entitlement conditions themselves on third-country nationals in the fifteen member countries at different stages of settlement. The chapter explores the extent to which international social security agreements mitigate exclusion from benefit entitlement. It discusses the lack of agreements between EU member countries and some sending countries with large stocks and flows. The chapter outlines five sources of social security rights for migrants within the EU. These are: the domestic arrangements of the member states; the plethora of bilateral agreements entered into separately by the member states; EU Regulations; the various association and cooperation agreements entered into by the EU and the member states in partnership; and Council of Europe instruments.