Any eligible EEA National who has not applied to the EUSS by the deadline will be unlawfully present in the UK and therefore unable to continue to live, work and claim/continue to claim benefits. Benefits they are receiving could stop and, if working, they could lose their job.
What is the EUSS?
The EU Settlement Scheme was introduced to protect the rights of those EEA Nationals (and certain family members) who took up residency in the UK before the end of the Brexit transition period.
EEA Nationals (and their qualifying non EEA family members) are eligible for EU Settlement Scheme (EUSS) status if they were resident in the UK by 31st December 2020: they can apply to the EUSS up to 30th June 2021 - known as the ‘grace period’.
If they were resident in the UK by 30th December 2020, and can show they have been resident for five or more years they are given Settled Status.
If they were resident in the UK by 30th December 2020 but cannot show that they have been in the UK five years they are granted Pre-settled Status.
More on the website here.
During the grace period:
If they are given Settled or Pre-settled Status they retain their rights to live, work and study in the UK.
- If they have Settled Status they can claim benefits without having to prove anything other than ‘actual’ habitual residence.
- If they have Pre-settled Status AND a ‘Right to Reside’ (eg as a worker, with retained worker status, permanent residence, family member of one of these, derivative rights) they can claim benefits so long as they are ‘actually’ habitually’ resident.
- During the grace period if they have neither Settled nor Pre-settled Status but have a Right to Reside they can claim benefits so long as they are ‘actually’ habitually’ resident.
- see website.
From 1st July 2021 things change….
EEA Nationals (and their qualifying non EEA family members) who have not been granted either Pre-Settled or Settled Status under the EU Settlement Scheme will no longer be able to rely on their previous rights to live, work and study in the UK.
This means that to claim benefits / continue to claim benefits, they must have been granted full Settled Status, or have Pre-settled Status with a ‘Right to Reside’.
Does this mean someone's benefits could just stop?
Yes. For instance where an EEA National without an EUSS status is currently in receipt of Universal Credit, then they will cease to be entitled to it from the beginning of the Monthly Assessment Period in which 1st July falls: it may end immediately or if later they will have been overpaid from that date.
If they do not have Settled or Pre-settled Status they will be ‘unlawfully present’ in the UK. They will lose their right to work and so could lose their jobs; they may even be required to leave the UK.
What about those who are getting UC, have applied to the EUSS, but are still awaiting the outcome on 1st July?
Where someone has applied to the EUSS before 30th June 2021 but has not yet had the outcome, then on 1 July 2021 their entitlement to Universal Credit should continue but might be suspended. If they are granted Settled or Pre-Settled Status then it should be reinstated without a gap in their entitlement. But those entitled should apply to the EUSS as soon as possible to avoid any risk.
Can people apply to the EUSS after 30th June 2021 if they miss the deadline?
The government has said they will allow late applications ie an extension, if there are ‘reasonable grounds’ and it is within a ‘reasonable period’.
This will be considered on a case by case basis; the Home Office guidance for caseworkers includes examples of what could be 'reasonable grounds' : see this page for more information.
Until such point as they can show reasonable grounds they will be unlawfully present
If they are not granted an extension, they will continue to be 'unlawfully present' in the UK and will need to seek immigration advice to see if there is a way they can be given permission ie leave, to remain in the UK.
Some may be able to leave the UK then apply for a Visa under the new points based immigration system, or some may be able to leave and return as a ‘joining family member’ if they have an EEA national family member with an EUSS status living in the UK. Or they may need to return to their home country, with support from the government's Voluntary Returns scheme. They will need immigration advice: search for registered Immigration Advisers by postcode here.
Do all EEA Nationals need to apply by the 30th June deadline?
Some EEA nationals will have been in the UK since before their country of nationality joined the EU, and many of these will have been granted “Indefinite Leave to Remain” under the immigration rules at the time. They will continue to be lawfully present and entitled to benefits. It is worth checking that they can prove this status eg on their passport, Home Office letter or biometric residence card.
Everyone else, including children, needs to apply to the EUSS (if under 18 the parent/ guardian will apply for them).
What about EEA Nationals with Permanent Residence Status?
Some people with Permanent Residence (PR) Status may well believe that they do not have to apply to the EU Settlement Scheme – but they do.
PR status will no longer confer any rights to live work, study or claim benefits in the UK from 1st July 2021.
What should we be telling our EEA National tenants / clients?
It is fine to tell EEA Nationals that the EU Settlement Scheme exists as a way to protect their rights, and that it would be a very good idea to look into it. You can say that all Europeans living in the UK must apply by 30th June 2021 to protect their rights to stay in the UK.
But telling an individual that they would (or would not) be eligible for Settled or Pre-Settled Status counts as Immigration Advice, so it is illegal for anyone without the minimum recognised Immigration Advice qualification (OISC level one) to do so.
You can give them details of how to apply, tell them what the qualifying criteria are, and tell them how they would go about challenging a decision they aren’t happy with.
Note that you may not be aware of the nationality of all your residents: some EEA nationals / family members may be tenants’ partners and some of these may be non EEA nationals who could apply to the scheme as a family member of an EEA national.
Want to know more about the risks?
See this page of the website, or why not book a place at our Conference and attend our 'Brexit Changes from 1st July - Risks to rental Income' workshop - click here.