Updated 24 August 2020
The Covid-19 pandemic is an unsettling time for everyone. Below we have briefly set out particular issues impacting on EU citizens and a summary of the advice and resources available at the current time. As the situation evolves, we will update this page accordingly.
Applications to the EU Settlement Scheme
The spread of Covid-19 has had some immediate effects on the ability of EU citizens to apply for status under the EU Settlement Scheme, specifically:
Centres where identity documents can be scanned have temporarily closed. Those individuals who require use of the scanning centres are currently advised to use the postal route.
The Home Office telephone helpline was suspended from mid March 2020, only reopening on 13 May.
The postal route for submitting applications and documents temporarily closed. It reopened on 13 May although delays are anticipated for returning documents
Applications can still be processed by use of the mobile app which runs on Android or iPhone models 8 and above. Delays are anticipated for all applications.
The ability of vulnerable groups and individuals without easy access to advanced technology is further hampered by the limitations placed on organisations to provide outreach or assistance in person.
The Home Office’s official position is that there is still plenty of time to apply, and that “where a person eligible for leave under the EU settlement scheme has reasonable grounds for missing the application deadline of 30 June 2021, they will be given a further opportunity to apply.”
Guidance is expected as to the parameters of “reasonable grounds” for missing the deadline and this resource will be updated at that time. The most up to date statement comes from Baroness Williams of Trafford, Minister of State, Home Department
“…We will publish the guidance on what constitutes reasonable grounds for missing the deadline; we intend to do so in early 2021. However, I will give her examples of what might be included. It will include children whose parent, guardian or local authority failed to apply on their behalf; people in abusive or controlling relationships who perhaps could not apply; and those who lack the physical or mental capacity to apply.”
Risk of Losing Continuous Residence
Citizens with pre-settled status who intend to reapply for settled status once they have 5 years’ continuous residence in the UK, are only able to leave the UK for up to n 6 months in any 12 month period, although a single period of 12 months’ absence is allowed in the 5 year period of continuous residence where there was an important reason. Any citizen who breaches these requirements are able to keep their pre-settled status until its expiry (5 years from the date it was awarded) so long as they return within 2 years , however they risk missing the continuous residence requirements needed to then apply for settled status (see guidance).
There is a risk that under the current circumstances EU citizens who were outside of the UK at the start of the Covid-19 pandemic will be prevented from returning to the UK due to travel restrictions and will, therefore, lose their eligibility for settled status. If the absence is more than 6 but less than 12 months, it will be necessary to argue that there is an important reason for the delay in returning. Alternatively, if they can return to the UK by 31 December 2020, they can reapply for pre-settled status and restart the period of 5 years’ of continuous residence for settled status.
Guidance is expected as to what an important reason for an absence of up to 12 months. The most recent statement on behalf of the Government suggests that allowance will be made for Covid-19 related absences:
“In line with the EU law rights protected by the Withdrawal Agreement, the EU Settlement Scheme permits an applicant to have an absence (or absences) from the UK of up to six months in any 12-month period. It also allows for a single absence of up to 12 months in the period of five years’ continuous residence generally required for settled status under the scheme where that absence is for an important reason.
This includes serious illness and would cover, for example, absence required by being quarantined to protect public health.
Further guidance for applicants to the scheme who have been affected by illness or travel restrictions due to Covid-19 will be published shortly.”
(Kevin Foster, Parliamentary Under-Secretary of State for the Home Department, HC Deb 24 July cW)
A helpful summary from Seraphus can be found here.
Access to Universal Credit
There have been reports of EU citizens without status or with pre-settled status being refused Universal Credit if they are unable to meet the test of habitual residence. This is worrying considering evidence from the IPPR (See here) that migrant workers, including those from the EU, are more likely to be self-employed, rent property, and to not belong to unions, making them particularly vulnerable with many businesses unable to safely operate.
EU Citizens in the UK wishing to access Universal Credit need to demonstrate eligibility when applying. This can be done in a number of ways, the most straightforward of which are:
Having settled status.
Filling the criteria for certain types of right to reside such as working or being self employed for at least 3 months; or having retained status as such due to being temporarily unable to work due to illness or accident.
Passing the habitual residence test by providing proof of residence for at least 1-3 months and demonstrating that the UK is your main home and you intend to stay.
The system is complicated with different requirements to be met depending on the status of the applicant. Further guidance can be found below.
At the time of writing there has been no substantive government response to these concerns. There is an ongoing legal challenge to the exclusion of those with pre-settled status to Universal Credit waiting to be heard by the Court of Appeal. For further information please see guidance from the Child Poverty Action Group.
For full details about the tests which need to be met see:
Meaning of ‘self-employed status’ by Shelter
Meaning ‘worker status’ by Shelter
Accessing Healthcare
Some EU citizens or immigrants in the UK may be concerned about their ability to access the NHS during the Covid-19 pandemic.
All overseas visitors, including those in the UK unlawfully, are able to be tested for Covid-19 and to receive treatment for Covid-19 free of charge, until the point they are tested negative. NHS trusts have advised that no immigration checks are required when testing for or treating Covid-19.
Nonetheless concerns have been raised by campaign organisations that some migrants in the UK are deterred from accessing healthcare due to the presence of other fees and data sharing, despite the exemption. Further information and to join this campaign can be found on the JCWI’s website.
For up to date guidance please see: https://www.gov.uk/guidance/nhs-entitlements-migrant-health-guide.
Looking Ahead
The Immigration and Social Security Coordination (EU Withdrawal) Bill contains the provisions for the end of free movement and the mechanisms by which social security coordination will be arranged going forwards. This includes the mechanisms by which EU citizens in the UK would receive state pensions, healthcare and so on. It does not include the payment of means-tested assistance such as Universal Credit. It passed its second reading in the House of Lords on 22 July 2020 and will be considered by Committee on 7 September.
For further information please see:
House of Commons Library Briefing
Overview by Adrian Berry, Barrister at Garden Court Chambers
Additional Resources
Childrens' Society guide for Local Authorities on supporting looked after children and care leavers
Coram Children's Legal Centre advice on children's citizenship and looked after children and care leavers
Doctors of the World clinic and translated Covid-19 advice
Europia’s infographics on Universal Credit and Statutory Sick Pay:
English
Polish
Romanian
Lithuanian
FLEX and the Greater London Authority’s Video on Support for Workers during Covid-19 (Available languages: English, Italian, Portugese, Spanish, Polish, Hungarian, Romanian, Romanes, Hindi, Bahasa Indonesia, Tagalog)
GMIAU briefing on EUSS and children in care and care leavers.
Greater London Authority Covid-19 guidance for EU nationals
Here for Good EU Settlement Scheme advice
JCWI's guidance on Covid-19 and Spouse/Partner visas
Migrant Yorkshire's Migrant Info Hub
New Europeans EU Settlement Scheme advice
Polish Migrants Organise for Change videos, “5 Things to Know about Settled Status” in
the3million campaigns and resource library
The Royal Association for Deaf People: common questions about the EU Settlement Scheme answered in BSL