Immigration: State Retirement Pensions

Home Office written question – answered on 10th September 2018.

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Photo of Patrick Grady Patrick Grady SNP Chief Whip

To ask the Secretary of State for the Home Department, whether it is his policy for an application for settled status to be affected by the applicant being in receipt of a state retirement pension.

Photo of Patrick Grady Patrick Grady SNP Chief Whip

To ask the Secretary of State for the Home Department, whether his Departments plans for the rules on the five-year continuous residency test for settled status applications to be the same as the rules for permanent residency applications.

Photo of Patrick Grady Patrick Grady SNP Chief Whip

To ask the Secretary of State for the Home Department, whether it is his Department's policy that the five-year continuous residency requirement for settled status can be satisfied by reference to any such period of time during an applicant’s life in the UK rather than the most recent five years.

Photo of Patrick Grady Patrick Grady SNP Chief Whip

To ask the Secretary of State for the Home Department, whether people who have settled status will continue to be able to access the NHS after the UK leaves the EU on the same basis as EU citizens can today.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

The UK has decided, as a matter of domestic policy, that the main requirement for eligibility under the EU Settlement Scheme will be continuous residence in the UK.

We will accept a wide range of documentation as proof of residence. Where possible, the application process will help the applicant to establish their continuous residence and whether it amounts to five years, on an automated basis using data held by HM Revenue & Customs (HMRC) and in due course also the Department for Work and Pensions (DWP). The latter may include data on receipt of state retirement pension.

Being in receipt of a state retirement pension may help the applicant to prove their residency, but receipt of public funds in any form will not affect the applicant’s eligibility for the EU Settlement Scheme.

The requirement for five years’ continuous residence can be satisfied by any such period of time during an applicant’s life in the UK rather than the most recent five years, provided it began before 31 December 2020. However, the applicant must not have been absent from the UK for more than five continuous years since that period ended.

EU citizens and their family members who obtain settled status will be granted indefinite leave to remain (ILR) in the UK. This status will provide the holder with the same access to benefits, education and healthcare as those who acquire permanent residence under EU law.

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