UC HRT and settled status - magic cure?

There is a EU settlement scheme toolkit. It looks like we shall know a bit more in April according to the timeline.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/775536/EU-settlement-scheme-community-groups-introduction-pack.pdf

IT looks like the GOVT is also relaxing the rules on organisations that wish to give advice on the EU settlement scheme

“On 1 February 2019 the OISC will be opening a new registration scheme aimed at organisations that want to advise EU citizens on their applications for settlement in the UK. The registration will be at OISC Level 1 Immigration EUSS (limited to the EU Settlement Scheme). Application forms and guidance on how to complete them will be available from the OISC website with effect from 1 February 2019.

The application process will be streamlined and is aimed at not for profit and charitable organisations. The limited area of work and the streamlined application process means that we expect to make decisions on applications around 4-6 weeks after receipt of the application. Successful organisations will be granted authorisation for two years at Level One Immigration limited to the EU Settlement Scheme.”

https://www.gov.uk/government/news/dedicated-immigration-advisers-to-give-eu-settled-status-advice

Does this get over peoples worries?

Maybe I am missing a discussion on another thread? 

MartinB - 04 February 2019 12:00 PM

IT looks like the GOVT is also relaxing the rules on organisations that wish to give advice on the EU settlement scheme

“On 1 February 2019 the OISC will be opening a new registration scheme aimed at organisations that want to advise EU citizens on their applications for settlement in the UK. The registration will be at OISC Level 1 Immigration EUSS (limited to the EU Settlement Scheme). Application forms and guidance on how to complete them will be available from the OISC website with effect from 1 February 2019.

The application process will be streamlined and is aimed at not for profit and charitable organisations. The limited area of work and the streamlined application process means that we expect to make decisions on applications around 4-6 weeks after receipt of the application. Successful organisations will be granted authorisation for two years at Level One Immigration limited to the EU Settlement Scheme.”

https://www.gov.uk/government/news/dedicated-immigration-advisers-to-give-eu-settled-status-advice

Does this get over peoples worries?

Maybe I am missing a discussion on another thread?

This is the scheme I mentioned at post #8. I think it’s important to point out that this is not a relaxation of the rules as such but it’s a simplified application for (limited) registration. If you do not have the appropriate registration or exemption, then you cannot lawfully advise on these applications - regardless of how straightforward they might well be.

If you think this is going to be a problem, then I would suggest speaking to your manager to look at applying for registration under the scheme.

Thanks Elliot, that is helpful.

Pre-settled status letter attached.

Thoughts gratefully received about whether this relays a right to claim benefits. Nil Recourse Team at the council’s view is that it does but keen for another perspective/confirmation.

Many thanks

Thanks for posting the pre-settled one - I hadn’t seen that.

I can’t see any obvious reason why it wouldn’t satisfy the current requirements.

—

Has anybody actually made a successful claim for benefit on the strength of one of these settled/pre-settled letters yet? I would be very interested to know.

Or even just if you have tried - what happened?

The letter certainly doesn’t imply that the granting of pre-settled status is subject to any bar on recourse to public funds.  I wouldn’t say it was clear though that because there is no bar, that the opposite implies.  It seems to me to imply that the rights to benefits will operate under the current framework of rights to reside, via the current eligibility regulations.

“Whether you are entitled to benefits and other public funds depends on whether you meet the relevant eligibility requirements” .....

Just a punt based on the letter. 

MartinB - 04 February 2019 12:00 PM

IT looks like the GOVT is also relaxing the rules on organisations that wish to give advice on the EU settlement scheme

“On 1 February 2019 the OISC will be opening a new registration scheme aimed at organisations that want to advise EU citizens on their applications for settlement in the UK. The registration will be at OISC Level 1 Immigration EUSS (limited to the EU Settlement Scheme). Application forms and guidance on how to complete them will be available from the OISC website with effect from 1 February 2019.

The application process will be streamlined and is aimed at not for profit and charitable organisations. The limited area of work and the streamlined application process means that we expect to make decisions on applications around 4-6 weeks after receipt of the application. Successful organisations will be granted authorisation for two years at Level One Immigration limited to the EU Settlement Scheme.”

https://www.gov.uk/government/news/dedicated-immigration-advisers-to-give-eu-settled-status-advice

Does this get over peoples worries?

Maybe I am missing a discussion on another thread?

It seems a shame that the OISC scheme opens to applications the same day the grant application to assist vulnerable EU migrants closes.

Maybe it’s just me…....

I have a few clients who this would work wonders with- if it gave them entitlement to means tested benefits. A few who have lived here for decades but have not got a work history- with HMRC at least. So once we get clarification on this- this would be great.

ub40worker - 07 February 2019 03:59 PM

I have a few clients who this would work wonders with- if it gave them entitlement to means tested benefits. A few who have lived here for decades but have not got a work history- with HMRC at least. So once we get clarification on this- this would be great.

It’s free to apply, so I’d argue they’ve got nothing to lose. And you’re at a CAB, so presumably you are covered by level 1 OISC?

Timothy Seaside - 08 February 2019 01:55 PM

ub40worker - 07 February 2019 03:59 PM

I have a few clients who this would work wonders with- if it gave them entitlement to means tested benefits. A few who have lived here for decades but have not got a work history- with HMRC at least. So once we get clarification on this- this would be great.

It’s free to apply, so I’d argue they’ve got nothing to lose. And you’re at a CAB, so presumably you are covered by level 1 OISC?

Hi UB40 (I like your records). I think its not just a case….of having nothing to lose, although I know what Seaside means….... After 30 June 2021 EU citizens (except Irish Citizens) will be treated like anyone else who is subject to immigration control, and all that goes along with that, unless that is, if they have applied and got some of settlement or pre settlement status by that date. 

That is the primary reason why we all need to signpost vulnerable EU folks to the support.

I could be wrong…...

Further on this.

The NRPF Network has a fantastic briefing which covers the issue of benefit entitlement within the settled status scheme and which was recently updated: http://www.nrpfnetwork.org.uk/Documents/Rights-of-EU-nationals-post-Brexit.pdf

That article pulls out a couple of old quotes.

Regarding settled status and from the government’s response to the Home Affairs Committee back in May 2018:

“We intend to open a scheme for applications for settled status later this year (2018). This will be done through Immigration Rules which will reflect the draft Withdrawal Agreement published in March this year. Successful applicants will be granted indefinite leave to remain (ILR) with the same rights and access to benefits, education and healthcare as those who have acquired it under current UK Immigration Rules,”

That could be interpreted as offering some reassurance that settled status (even where not coupled with any Citizens Directive style right of residence) ought to correspond with benefit entitlement.

As to pre-settled status, the article says that the policy intention is “unclear” which I think is an understatement. There is evidence that the Government intends to restrict eligibility to those exercising Citizens Directive style rights in a footnote of the Statement of Intent on the Settlement Scheme which says, ominously:

They will continue to have to provide evidence that they meet the relevant eligibility requirements, e.g. in any benefit claim or application for social housing, supported housing or homelessness assistance.

Also in the Statement of Intent are at least half a dozen references to both settled and pre-settled persons being able to access benefits according to the “same rules as now” which may not be encouraging for settled status applicants.

—-

But that is - at most - a statement of policy intentions. The actual law is still, I think, that either settled or pre-settled status gets you over the relevant hurdles to claim UC and benefits with similar requirements even where the claimant has never exercised treaty rights (I would be very interested if anyone can explain why that wouldn’t be the case under the current law).

(I should point out that the same might not be true for other provision - such as eligibility for social housing or homelessness assistance - where the rules might well be different)

I am still yet to come across a case where someone has tried to access benefits solely on the footing of a grant of settled/pre-settled status and would really encourage anyone who has tried this to post or send me a message.

Thanks Elliot, thoughtful and useful.

This page is the current DWP advice.

It gives the very basics, in the event t of No Deal.

https://www.gov.uk/guidance/eu-citizens-in-the-uk-benefits-and-pensions-in-a-no-deal-scenario?utm_source=65d743dc-955d-4713-b772-458cc9ee3d74&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

Elliot Kent - 14 February 2019 08:33 PM

(I should point out that the same might not be true for other provision - such as eligibility for social housing or homelessness assistance - where the rules might well be different)

I am still yet to come across a case where someone has tried to access benefits solely on the footing of a grant of settled/pre-settled status and would really encourage anyone who has tried this to post or send me a message.

Speaking as a former senior housing adviser with Shelter, working in the housing department of a local authority, I would be very confident that settled status makes an applicant eligible for assistance under Parts 6 & 7 of the Housing Act 1996 - see Regs 3 & 5 of the Allocations and Homelessness (Eligibility) Regs 2006 (still requires habitual residence, and still excludes sponsored immigrants, although obviously that’s not going to apply to people who have just got settled status).

It would be nice if we could see that people were actually using this to get around the more restrictive citizens directive permanent right of residence, but as you say, I can’t see any reason why it wouldn’t as a question of law. I would be very pleasantly surprised if the DWP accepted this without a fight, but I would be more surprised if they could win that fight in the tribunal.

I can understand everyone being very cautious about this, but I think it is over-caution.

In the means tested benefits and in the housing eligibility regs there are provisions excluding certain rights of residence from satisfying the habitual residence test, eg HB Reg 10(3A).  These could be added to: a person fails the HRT if s/he only has a right to reside by virtue of, inter alia, Appendix EU of the Immigration Rules - or perhaps limited leave granted under that Appendix, so that settled status would pass but pre-settled status would not.  I have not seen anything to make me think the government plans any such thing - the impression I have is that there will be a pragmatic benefits amnesty for all EU nationals living in the UK before whatever cut-off date it ends up being (30 June 2021, or maybe earlier if there is no deal).