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Rights & Entitlements for those with status under the EU Settlement Scheme

Rights & Entitlements for those with status under the EU Settlement Scheme

Rights & Entitlements for those with status under the EU Settlement Scheme

Tuesday, June 11, 2019

Praxis, the Frontline Network Partner facilitating the Pan-London Migrant Frontline Network, recently held an event looking at the entitlements to housing and welfare benefits for EEA citizens and their family members who have been granted status under the EU Settlement Scheme.

The large number of attendees at the event highlighted the impact this issue potentially has for homeless EEA migrants in London.

Under the Scheme EEA migrants and family members are granted either settled or pre-settled status, depending on the length of time that they have been in the UK (or for EEA family members, the length of time that they have been in a relationship with an EEA national is also relevant). Usefully for many of those who are homeless, the new Scheme considers time in the UK and NOT time exercising treaty rights, which gives many who have previously been unable to get Permanent Residence under the existing EU regulations, the opportunity to gain ‘settled’ status. Settled status is granted to those EEA citizens and family members who can evidence 5 years residence in the UK.

Settled status under the EU Settlement Scheme gives a person Indefinite Leave to Remain in the UK and therefore full access to welfare benefits and housing entitlements. From 8 May 2019 onwards, those who are granted ‘pre-settled status’ (meaning that they have been in the UK less than 5 years or are not able to evidence 5 years residence) will find that their access to housing and welfare benefits still depends on being able to pass the habitual residence test as a ‘qualified person’. However, CPAG is considering a legal challenge to denial of benefits to those with pre-settled status.

Download further information on these entitlements. 

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