Home Office confirms changes to the EU Settlement Scheme
Changes to the EU Settlement Scheme announced on the 21st May 2024 will ensure that all those granted pre-settled status under the EU Settlement Scheme can continue to prove their rights easily, and bring greater clarity for those who are required to check immigration status, such as employers and landlords.
The changes support the Home Office’s practical implementation of the High Court judgment in the judicial review proceedings brought by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA).
In response to that judgment, the Home Office announced changes to the EU Settlement Scheme in July 2023 to ensure that nobody loses their immigration status if they do not apply to switch from pre-settled to settled status.
Right to Rent and EU Settlement Status Q and A
As the deadline for applying for EU Settlement Status approaches, immigration enforcement officials will begin giving EU citizens who live in the UK a 28-day warning to apply to remain. However, the Home Office will allow people indefinite time to complete an application for settled status if they have a reasonable excuse for delay.
The following questions were asked but letting agents attending the Rightmove Webinar presented by Susie and may prove useful.
1. When will the government issue new guidance on EU Settlement?
18th June 2021
2. Is there a time limit for tenants to prove status?
There is a time limit for the tenants to prove their status. Tenants have until the 30th of June 2021 to apply for the EU settlement scheme.
3. What can a letting agent do with the share code? i.e., should we be scanning it etc or simply having site of the code and continuing?
A letting agent should have a copy of the tenants share coded or original documents as well as their passports photocopied very clearly. Letting agents then must keep the documents during their tenancy and for one year after.
Retrospective Right to Rent Checks no Longer Required
The Home Office has announced that landlords & letting agents are no longer required to carry out retrospective Right to Rent checks on tenants who were right to rent checked by digital methods between 30 March 2020 and 16 May 2021.
As a result of the first and subsequent lockdowns, letting agents and landlords have been permitted to carry out Right to Rent checks through over digital platforms such as Skype, Zoom or FaceTime. However, Home Office guidance stated that lettings agents and landlords would need to go back and carry out retrospective checks within eight weeks of the Home Office announcing that restrictions were lifted. Clearly, the restrictions have been semi-lifted and then reinstated, creating a back log in retrospective face-to-face checks that would have to take place.
Letting agents are relieved that the temporary adjustments to right to rent checks due to COVID-19 are ending.
From 17 May 2021 landlords and letting agents must either:
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check the applicant’s right to rent online, if the applicant has provided their share code and date of birth
Right to Rent and Brexit
Brexit and immigration are significant with the UK’s departure from the EU. Free movement between the UK and the European Union came to an end on 31 December 2020.
From 1 January 2021, the UK implemented a points-based immigration system that treats EU and non-EU citizens equally, prioritising individuals’ skills and talent over where a person comes from.
This means from 1 January 2021, if someone intent on travelling to the and who does not live in the UK or has rights under the Withdrawal Agreement, as an EU, EEA or swiss citizen, they will need to meet specific requirements in order to study or work in the UK.
Relevant checks, including UK criminality checks will have to be undertaken. A person can continue to visit the UK for up to 6 months without applying for a visa and may participate in a wide range of activities, including tourism, visiting family and friends, short term study and business-related activities, such as events and conferences.