EU Tenants and the EU Settled Scheme

The effects of Brexit are being felt by the EU citizens in the UK, even before the finalisation of the divorce deal (or no deal). While the UK has already started to issue passports without the European Union on them, the actual deal or no deal decision has yet to be taken.

The Brexit has hit the EU citizens hard. As per the Residential Landlords Association (RLA), many landlords are refusing to take EU citizens as future tenants due to the confusion over Brexit. In preparation for the impeding Brexit, the UK Government has introduced the EU Settlement Scheme.

This scheme will provide the EU nationals in the UK with a settled status, i.e. Indefinite Leave to Remain in the UK (ILR). EU citizens already in the UK who register under this scheme before mid 2021 will be entitled to stay in the UK and not get affected by the Brexit.

However, the Settlement Scheme has created more complications than solutions. The registration needs to be via an App which is compatible with few Android operating systems. This causes problem for those who don’t have the updated Android phone or do not use smartphones.

The applicants are not informed about the intricacies of the scheme and find it difficult to even fill the form without any external help. Even though the EU nationals have a right to rent, the landlords are reluctant to take them as tenants as they are not sure about their settled status.

In the UK, a landlord found to have taken in an illegal tenant, can be charged with £ 5,000 per adult as fine. This deters the landlord from taking in tenants that they are even a little suspicious of.

Initially, the landlords could easily check the resident permit to know if the tenant was an legal migrant, they will now have to go on the Home Office website to check the settled status of the EU citizen, as the Settled Status scheme will not issue any cards.

There is no doubt that the EU Settled Scheme will help the EU nationals and their dependents in the UK. However a more comprehensive plan needs to be formed to help them with the scheme.

EU, British Citizenship and Brexit

EU citizens who have been in the UK for 5 years or more are applying for the British Citizenship as the D-day for Brexit gets closer. If you are an EU citizen, looking to naturalise as British, you will have to fulfil certain requirement.

You will have to be 18 or above to apply for naturalisation. You will have to prove that you have a good character and have an intention to live in the UK continuously. You will have to meet the English Language, residency and Life in the UK requirements.

To meet your residency requirements, you will have to prove that you are:

1. You are legally settled in the UK
2. Have been in the UK for five years prior to application
3. If you have been away for sometime in this time period, you need to justify your absence.

The naturalisation process for EU citizens in the UK depends on their family and leave circumstances. The EU citizen with a permanentresidence card can apply for the British citizenship. However, this won’t be applicable in case of no-deal Brexit. Once the withdrawal agreement is reached, the EU Free Movement law will be applicable till the 31^st December, 2020. Post this period, all the rights given to the EU citizens in the UK as per the Free Movement law will cease.

EU Citizen Update Post-Brexit

The Home Office, in the wake of Brexit, laid out a few rules to implement the full public roll out of the post-Brexit EU Settlement Scheme. As per this scheme, EEA/Swiss citizen residing in the UK by 31st December 2020 (or by 29 March 2019 if the UK leaves the EU without a deal) and their EEA family members are allowed to bring their immigration status under the UK law.

The EU residents and their EEA family members can get an indefinite leave to remain, if they have been in the UK for 5 continuous years. If not, they can get a limited leave to remain in the UK. The scheme will be implemented from 7 am of 30 March and is applicable on all EU nationals and EEA Family Permit holders.

The Home Office has also decided to extend the scheme to cover all the EU nationals in the UK, their EEA family members and even those family members who have right to stay in the UK as per the EU regulations. EEA Family Members from outside the UK can apply under this scheme to get a family permit to visit the UK.

The rolling out of the settled status scheme will not be affected by the Brexit. EU citizens who register before the middle of 2021, are entitled to stay in the UK. EEA family members need to have a biometric residence card to apply under the scheme or need to enroll for the same from within the UK.

Who is an EEA Family Member?

EEA Family Permit is a document through which an EEA family member can invite their non-EEA family member to the UK. It is an easy and fast way for non-EEA citizens to enter the UK.

The Family Permit is an important document as it gives entry clearance to the non-EEA members. It is necessary to understand who can be considered a ‘Family Member’.

Who is a family member as per the EEA Regulations 2006:

• They family member can be the EEA citizen’s spouse or civil partner 
• They can child or grandchild under 21 years old, or dependent child or grandchild of any age; or
• They can be dependent parent or grandparent

The Family members who are adopted under an adoption order that is recognized in UK law are also regarded as the same as natural family. Any EU national can bring their non-EEA family member to the UK. 

The family member can enter and exit the UK as many times as they want to, provided that their permit is valid. The validity of the permit is of 6 months. Post this, the family member needs to apply for a new permit.

Extended family members, such as brother, sister, uncle, aunt, niece, nephew, cousin can also apply for the EEA Family permit, provided they can prove that they are dependent on the EU national in UK or has a serious health condition. They need to prove that rely on the EU national to look after them.

An unmarried partner who has been a durable relationship with the EU citizen can also be counted as an extended family member. In such case, he/she must have been living with the EU citizen for at least 2 years.

All the EEA family members need to provide valid documents to apply for EEA Family Permit.

EEA Family Member Visa Consultants in Bangalore

Our EEA family member visa experts in Bangalore prescribe a special course secure a UK visa: the Surinder Singh course. 

The Surinder Singh course, named after the main individual who recorded a court case under these conditions, can be utilized by non-EU relatives of British nationals to be allowed a UK visa. 

This alternative is one of a kind as in it's an approach to get a UK visa under the EU law. Ordinarily, relatives of EEA nationals, apply for visas utilizing European law. This is the place they get an EEA Family Permit for a half year if applying from outside the UK or a Residence Card for a long time if applying from inside the UK.

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EEA UK Visa Consultants in Delhi

An EEA national and their relatives, who have dwelled in the UK constantly for a long time as per the EEA Regulations of 2006, can apply for Permanent Residence in the UK. The permanent residence card demonstrates the privilege of the EEA national and their non-EEA relatives to live in the UK for all time. 

Applications for Permanent residence are made under Regulation 15 of the EEA Regulations 2006. Keeping in mind the end goal to apply, candidates are required to give proof that: 

• they have lived in their European Economic Area (EEA) relative in the UK for a nonstop multi-year time frame. 

• the EEA relative has been a 'qualified individual' all through the 5 years or has a lasting right of habitation. 

•The association with the EEA national is a subsisting relationship as of the date of use

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