EU Settlement Scheme EUSS Information for professional colleagues

EU Settlement Scheme (EUSS). Information for professional colleagues

After December 2020 (or June 2021 if the UK leaves Europe with a deal) European Treaty rights for the Free Movement of People will no longer apply in the UK. What is EUSS? European Citizens will come under normal immigration rules. The EU Settled Status (EUSS) Scheme allows European Nationals living in the UK to obtain a permanent immigration status before this happens

This is a new immigration status (as of 2019) and affects people’s right to; healthcare, education and access certain benefits and housing options. Having settled status is an improvement on the rights of EU citizens from EU Treaty Rights. It could be advantageous for clients to apply before they apply for benefits or homelessness support. * Issues Many (perhaps most) clients are not aware of the scheme or the need to apply for it. Vulnerable adults and children may not apply because of this and thus inadvertently have future problems with their immigration status. Services may not yet have been issued with guidance on the scheme and what it means for people and for them.

This is what it looks like on screen >> • This is a digital scheme (no paper documents issued). Clients name here >> Clients photo here >> • Clients need to log in using their ID document they used for the application and their DOB. • They are then either emailed or texted with code. Which they use to log on.

Why people should apply?

Ratify their legal residence and rights in the UK Demonstrate that they are entitled to access the services that you need Make sure their children have a secure immigration status Claim their Rights • Its free to apply • There is currently lots of support available to help people make an application

What status will people get ?

Qualify with five years residence What status do people get? ‘Settled Status’ (Indefinite Leave to Remain) Qualify with less than five years residence ‘Pre -Settled Status’ (Limited Leave to Remain)

• Right to work in the UK People with settled status have the following rights • Right to use the NHS • Right to enrol in education or continue studying • Right to access public funds such as benefits and pensions, if you’re eligible for them – if pre-settled you still need to prove you are ‘habitually resident’ in the UK • Right to travel freely in and out of the UK • Keep your right of entry to the UK and your residence status even if you live outside of the UK for up to 5 years. (Right to a five year absence) • Right to be joined by eligible family members*

• Will still need to show that they have the Right to Reside in order to access public funds. People with pre-settled status… • Will have the right to apply for settled status when they reach five years residence. • Will have the right to travel freely in and out of the UK • Keep your right of entry to the UK and your residence status even if you live outside of the UK for up to 2 years. (Right to a two year absence). • The right to be joined by eligible family members*

Who should apply?

EU Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden the UK. EEA and EFTA: Iceland, Liechtenstein and Norway EFTA Only : Switzerland

• Any EU or EEA adult who is living, working, studying or seeking work in the UK under EU Free Movement Treaty Rights can apply. Who should apply? Adults and children • People can apply for children – they will normally get the same status as the parent or guardian. Children can also apply in their own right if they can prove residence. • If people have a Permanent Residence document this will expire on 30 December 2020 –they need to apply for the scheme or apply for British citizenship. • You can’t apply if you are British. * • Irish Citizens living in the UK do not need to apply if but can if they want to. ** • People don’t need to apply if they already have Indefinite Leave to Remain (ILR). ***

• Non EU, EEA or Swiss Citizen family member of an EU, EEA or Swiss citizen. * • Family member’s of a British citizen who have lived outside the UK in an EEA country together. ** Who can apply ? Other people • ***Family members of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship. The primary carer of a British, EU, EEA or Swiss child who is in the UK. • The child of an EU, EEA or Swiss citizen who used to live and work in the UK, or the child’s primary carer (regardless of nationality) • People who used to have an EU, EEA or Swiss family member living in the UK (eg that person has left or died)

We are particularly keen to ensure that vulnerable people are made aware of the scheme Bury and Bolton CABB with Europia are contracted by the Home Office to support these people to apply. We need your help to identify and refer people Vulnerable People Complex Cases

Vulnerable : any of these categories… Roma Homeless Disabled Gypsy or Traveller Victim of Slavery or trafficking Learning disabled Elderly Victim of DV Mental health problem Care leaver, or child in care Risk of destitution Visually impaired Carer Pregnant Deaf

Complex Cases…presenting with any of these issues No Id documents Id docs not biometric Can’t prove continuous residence (away for more then 3 months in any 12) Continuous residence broken (prison/removal etc) Non EU family members within family Previous convictions Children are in or have been in care, children at risk and children in need Application refused Person in care home or hospital Previously been removed from UK

Or Any one else you consider to be vulnerable or at risk of not applying.

When people should apply

Deadline The deadline for applying is 30 June 2021. If the UK leaves the EU without a deal The deadline for applying will be 31 December 2020. *

How to refer

We currently have EUSS Drop ins as follows; Bolton CAB Office 26 -28 Mawdsley Street, Bolton Tuesday’s and Fridays between 10 -1 pm How to refer Manchester Europia Office, St Wilfred’s Enterprise Centre, Royce Road, Hulme Every second Thursday 10 -1 pm Aug 22 nd, Sept 5 th and 19 th, October 3 rd, 17 th and 31 st, November 14 th and 28 th, December 5 th and 19 th) You can also refer by sending an email to EUSSTEAM@cabb. org. uk

People can apply themselves using the following information/links

Online at; https: //www. gov. uk/settled-status-eu-citizensfamilies/applying-for-settled-status How to apply – the basics You need to download the ‘EU Exit ID’ Document check app to your phone so you can scan your ID documents. You can upload documents to prove residence if you are asked to do so.

More information including information in other languages • https: //www. london. gov. uk/whatwe-do/eu-londoners-hub • https: //www. freemovement. org. uk/ how-to-apply-for-settled-statustemporary-status-brexit/ This is the link for people to apply independently • https: //www. gov. uk/settled-statuseu-citizens-families/applying-forsettled-status

• September 5 th Rules • In a nut shell (but based on no deal Brexit) EU citizens and their family members who move to the UK after 31 October 2019 will need to have applied for a UK immigration status (whether Euro TLR or under the new, points-based immigration system) by 31 December 2020. Otherwise, they will be here unlawfully and will be liable to enforcement action, detention and removal as an immigration offender. • Resident EU citizens and their family members who are eligible for the EU Settlement Scheme will have ample opportunity to apply for status under the scheme. In the event that the UK leaves the EU without a deal, the deadline for applications under the scheme will be 31 December 2020. • Employers, landlords and other third parties will not be required to distinguish between EU citizens who moved to the UK before or after Brexit until the new, points-based immigration system is introduced from January 2021. • https: //www. gov. uk/government/publications/no-deal-immigration-arrangements-foreu-citizens-moving-to-the-uk-after-brexit

Children in Care You should ensure that all looked-after children or care leavers, who are EU nationals, have applied for EU settled status. To do this you should: • identify which children will need to apply, and offer support to anyone who needs help with identity documentation or other paperwork • raise awareness, and provide support, to parents and carers of EU citizen children accommodated under Section 20 of the Children Act 1989, where needed, or signpost to relevant community support where it is deemed more appropriate • share information with personal advisors supporting care leavers to make their own applications To support this, you should consider putting in place procedures to check for the existence of a passport or identity card for each child who is subsequently looked after by your authority. The Home Office will support local authorities to ensure they are able to make applications on behalf of eligible children in their care, including guidance on obtaining passports and ID documents. You may find it helpful to identify a member of staff to lead on the EUSS for children in care and care leavers. To enable future communications, guidance and support, local authorities can share these details by contacting EUexit. CSC@education. gov. uk. • https: //www. gov. uk/guidance/eu-exit-no-deal-preparations-for-local-authority-childrens-services-in-england#right-to-live

. DV Pre-settled Status 4. Pre-settled status is not a relevant right to reside for HB. However, a claimant with pre-settled status may still be eligible to access HB if the claimant is exercising a qualifying right to reside under existing legislation, for example as a worker or self-employed person, or if they are deriving rights from a family member. In this case, they will satisfy the right to reside element of the HRT. • 5. These regulations do not relate to indefinite leave to enter or remain granted under the EUSS, which is also referred to as settled status. Claimants holding settled status under the EUSS will satisfy the right to reside element of the HRTHB. All further references to indefinite leave to remain (ILR) within this circular should be read as including indefinite leave to enter https: //www. gov. uk/government/publications/housing-benefit-adjudication-circulars-2019/a 72019 -the-socialsecurity-income-related-benefits-updating-and-amendment-eu-exit-regulations-2019#pre-settled-status-llr