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What’s Next for EU Citizens in the UK?

Today, June 30th is the deadline for applying for EU payment status. All EU, EEA, Swiss citizens (before December 31, 2020) living in the UK, and non-EU families must submit an application to the EU Payment Scheme (EUSS) before the deadline to live and work in the UK. I am.

In many respects, this scheme is incredibly successful and 5.6 million applications As of the end of May-at least 1 million more than expected.. However, no scheme has reached 100% application rate and the UK does not know how many people need to apply. Therefore, the claim of success must be softened in the reality of an unknown number of people whose plans are not working-this number will only be revealed in the coming months and years.

The EU, EEA, Swiss citizens and their families currently fall into one of five categories. The meaning of each is as follows.

1. Settlement

Settlement status will be awarded to those who apply within the deadline, indicating residence in the UK for at least 5 years. To date, 52% of applicants for the system have been settled. This status corresponds to an indefinite remaining vacation (ILR), and this group retains most of the rights it had under the EU’s free movement. So, for example, there are no restrictions on access to benefits, housing and medical care.

However, this group needs to prove their rights in the UK, especially when applying for a job or looking for a place to live. Since the payment status is recorded digitally, the owner “views and shares” his status and generates a digitally shareable code to immigrate to relevant third parties such as employers and landlords You can prove your status. If they are absent from the UK for more than 5 years, they will lose their sedentary status.

2. Those whose status is confirmed

Those who have applied for and been awarded EU prepaid status indicate that they have lived in the UK for less than 5 years. This corresponds to a restricted rest vacation (LLR), and this group retains some of the same rights it had under the EU’s free movement, such as labor rights.

One important difference in this group is in terms of additional testing to access benefits compared to the sedentary group.This is applicable Proceedings in progress.. Pre-paid status holders need to “prove” their rights and can generate a shareable code to provide proof of status to their employer and landlord.

UK law requires the group to make a separate application to the scheme to move from prepaid to paid status after staying in the UK for five years. So far, 43% of scheme applicants have this status. This means that more than 2 million people will eventually need to reapply for the scheme to secure settlement status in the UK.

3. Pending application (before deadline)

The next group are people who have submitted applications to the scheme “on time” but have not yet received a decision.The· Leftover 10 to 12,000 * 10 or 10,000 per day? Given the pre-deadline surge of * applications, there are at least 400,000, and perhaps more.According to a recent report 26% of this backlog Children’s application-despite being representative of children only 15% of all applications so far.. When the application is made, the person will receive a certificate of application. Kevin Foster confirmed It can be used as evidence of ongoing rights for which decisions are pending.

4. Late application: Reasonable reason

It has always been known that for those who have a “reasonable reason”, a mechanism for late applicants is needed.April of this year, Ministry of Interior Updated caseworker guidance About what to configure “Reasonable reason” For slow application to the scheme. The non-exhaustive list includes examples of applicants under the age of 18, adults in need of care or support, or people suffering from serious illness.

The government said it would be generous in the short term, but over time it would become generous.government Said again Those who come into contact with the Immigration Bureau (such as the employer’s immigration) who have not submitted an application will be notified 28 days in advance of the need for an application.

The question is what happens if someone does not submit the application within 28 days. This can be confusing, with some late applicants receiving a 28-day notice period and others not, but with a “reasonable reason” to justify their late arrival. There will be situations where you will be the late applicant you need.

5. Non-applicant: Not newly documented

This is the least protected group and will no longer be documented from 1st July. At least until you start the application process and can move to the previous group as a late applicant to the scheme.Temporarily they have Lost residence right In the UK you may face the reality of the UK “Hostile environment” (Currently”Compliant environment“) For undocumented immigrants. This may include immigration coercion measures such as deportation.

This is a group where the government does not have data. Even an estimated 1% of eligible people who do not apply for the scheme could put this group in the tens of thousands from 1 July. , Potentially for months and even years.

Author: Catherine Barnard-Professor of EU Law and Employment Law, University of Cambridge | Fiona Costello-Research Associate, University of Cambridge

What’s Next for EU Citizens in the UK?

SourceWhat’s Next for EU Citizens in the UK?

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