By Karen Dunn, Specialist Welfare Benefits Team, Citizens Advice Staffordshire North and Stoke on Trent

This article was primarily in response to questions arising from a Rough Sleeper Team query.  However the EU Settlement Scheme is open to all EU, EEA and Swiss Nationals if they can satisfy the stated conditions.

There are no official figures for the number of EU migrants sleeping rough.  A Crisis report in 2018 stated that migrants (including non-EU), “clearly make up a significant proportion of the rough sleeping and wider homeless population across Britain but there are significant gaps in the data collected or published”. Of those seen rough sleeping in Greater London in 2018/2019, just under half were UK nationals (fullfact.org/online/immigration-homelessness/).

Causes of EU migrant homelessness are complex and varied, for example: zero hour contracts; earnings below NMW; exploitative employers; unscrupulous landlords; sweeping welfare cuts and, not uncommonly, erroneous DWP decisions when Social Security legislative issues such as the right to reside and the habitual residence test are in play.  We have had instances where even when someone has been given Settled Status the DWP are unlawfully applying the habitual residence test and not awarding benefit.

If you, or someone you are supporting is homeless or is threatened with homelessness and are from one of the countries in the EU or EEA, contact Shelter for advice:

Chat online via their website at shelter.org.uk, 9am-5pm Monday to Friday or, contact the Urgent Helpline (open 365 days a year) on 0808 800 44 44.

EU Settlement Scheme

The Home Office EU Settlement Scheme provides EU citizens and their families with a route to living and working in the UK beyond 31 December 2020. The scheme opened fully on 30 March 2019 and registration closes on 30 June 2021.

Settled Status

To be eligible for settled status you need to have lived in the UK, Channel Islands or the Isle of Man for at least 6 months in any 12 month period for 5 years in a row.

In general, a person is eligible for settled status (indefinite leave to remain) if they:

• Are an EEA citizen, or the family member of an EEA citizen, or have a derivative right to reside (e.g., the primary carer of an EEA worker’s child who is in UK education);

and

• Have been actually resident in the UK for 5 years; and either
• (If the UK leaves the EU with an agreement) began residing in the UK before 31/12/2020 and apply no later than 30/06/2021; or
• (If the UK leaves the EU with no deal) began residing in the UK before the date the UK leaves the EU and apply no later than 31/12/2020.

As with a permanent right to reside there are limited circumstances where a person can be entitled to settled status after residing in the UK for less than 5 years.

Note:

Settled status gives automatic entitlement to claim UK benefits.  The person does not need to satisfy a further habitual residence test for these purposes.

Pre-settled Status

In general a person is eligible for pre-settled status (5 years limited leave to remain) if they:

• Are an EEA citizen, or the family member of an EEA citizen, or have a derivative right to reside (e.g., the primary carer of an EEA worker’s child who is in UK education);and 
• Have been continuously actually resident (certain absences are ignored) in the UK for less than 5 years; and either
• (If the UK leaves the EU with an agreement) began residing in the UK before 31/12/2020 and apply no later than 30/06/2021; or
• (If the UK leaves with no deal) began residing in the UK before the date the UK leaves the EU and apply no later than 31/12/2020.

A person granted pre-settled status can apply for settled status as soon as they have been resident in the UK for 5 years.

Note:

After 07/05/2019 pre-settled status does not automatically give entitlement to UK benefits.  The person will need another right to reside to be entitled to benefits so you should seek specialist advice.

Home Office decisions about Pre-settled or Settled status:

• The person can ask for an administrative review within 28 days of the decision refusing eligibility for the scheme; or granting pre-settled status and the person thinks they should have been given settled status.
• There is a fee of £80.00.  This fee can be refunded if the original decision is withdrawn due to Home Office case worker error; or the application was rejected as invalid.  The fee cannot be refunded if new evidence is submitted with the request for an administrative review.
• If new evidence is to be submitted it is better to make a new application as this is free of charge.

The EU Settlement Scheme requires extensive evidence of nationality and residence.  Although the application is online documentary evidence is needed.  The person will need to provide proof of ID, proof of their residence in the UK and, have a valid passport or National Identity Card.

If the person does not have the necessary documents they should contact the EU Settlement Resolution Centre:

(calling from inside UK) EU Settlement Resolution Centre Telephone: 0300 123 7379
Monday to Friday (excluding bank holidays), 8am to 8pm
Saturday and Sunday, 9:30am to 4:30pm

If you’re from an organisation helping others to apply you can contact the EU Settlement Resolution Centre on:

Telephone: 0300 790 0566
Monday to Friday (excluding bank holidays), 8am to 8pm
Saturday and Sunday, 9:30am to 4:30pm

The person may be able to get help using a computer online and/or get support over the phone or in person if they need help filling in the settlement scheme application form online.

There is no physical document issued to those granted settled or pre-settled status as this is only available to view online.  However a notification letter is emailed to the successful applicant and can be printed off the person’s online Home Office account.  The DWP guidance states that these notifications should be accepted from the claimant as supporting evidence when claiming benefits.

To apply for either pre-settled or settled status go to https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status