Immigration: EU Nationals

Home Office written question – answered on 23rd June 2021.

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Photo of Anneliese Dodds Anneliese Dodds Party Chair, Labour Party, Chair of Labour Policy Review

To ask the Secretary of State for the Home Department, whether people who (a) had a freedom of movement right to reside on 31 December 2020 or (b) were defined as a relevant family member of a person who had a freedom of movement right to reside on 31 December 2020 and (c) make an application to the EU Settlement Scheme on or before 30 June 2021 will still have the right to reside with protected rights while their application is being decided after 30 June 2021.

Photo of Anneliese Dodds Anneliese Dodds Party Chair, Labour Party, Chair of Labour Policy Review

To ask the Secretary of State for the Home Department, what assessment she has made of the potential effect of not providing official confirmation of (a) protected rights and (b) a pending application to the EU Settlement Scheme (EUSS) on the rights of EU nationals and relevant family members while they wait for a decision on that application to the EUSS.

Photo of Kevin Foster Kevin Foster The Parliamentary Under-Secretary of State for the Home Department

Under the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020, those who apply before the deadline, but whose application is not decided until after it, will have their existing EU law rights protected pending the outcome of their application, including any appeal.

Those who have submitted a valid EUSS application by 30 June 2021 will be issued with a certificate of application. Pending the outcome of the application, they will be able to rely on their certificate of application as proof of eligibility to access their right to work or rent when this is verified by the Home Office employer and landlord checking services.

The Department for Work and Pensions and HM Revenue & Customs will also be able to determine an individual’s status with the Home Office using existing services.

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