Promotional material

EU Settlement Scheme: information for community groups

Updated 1 July 2021

1. Background

In line with the Citizens’ Rights Agreements, the EU Settlement Scheme (EUSS) was established to enable EU, EEA and Swiss citizens, resident in the UK by the end of the transition period on 31 December 2020, and their family members, to get the immigration status they need to continue to live, work, study and access benefits and services, such as healthcare, in the UK after 30 June 2021. Find out more on GOV.UK.

For those citizens resident in the UK by 31 December 2020, the deadline for applications to be made to the EUSS was 30 June 2021, which was also the end of the grace period during which their existing EU law rights were protected pending the outcome of an application to the EUSS made by the deadline.

2. Important changes from 1 July 2021

From 1 July 2021, EU, EEA and Swiss citizens and their family members are required to evidence their right to be in the UK by having obtained a valid UK immigration status. This status can be obtained through the EUSS if they were resident in the UK by 31 December 2020, or are a joining family member of an EU, EEA, or Swiss citizen who was resident here by then. Alternatively, status can be obtained through a valid visa under the points-based immigration system.

EU, EEA and Swiss citizens and their family members in your locality will be required to provide proof of their rights to work for local employers (including for a local authority), to rent private housing in England or to access benefits or social housing.

3. Using and checking an immigration status

From 1 July 2021, EU, EEA and Swiss citizens and their family members granted status under the EU Settlement Scheme will need to evidence their rights in the UK with their digital immigration status, rather than their passport or ID card. For example, they may need to do this when applying for a new job or when entering a new tenancy agreement.

This is also the case for people with a pending application that was submitted by 30 June 2021. A Certification of Application will be available in the individual’s UKVI account. Those who submitted a paper application will have a Certificate of Application sent to them.

We have published a new guide for EU, EEA and Swiss citizens on viewing and proving their immigration status (eVisa). This guide explains how people can view, prove and share their immigration status and update their details, what they should expect when crossing the UK border and how to get help accessing their immigration status.

Other services and departments such as HMRC, DWP and the NHS will have automatic access to an applicant’s status or pending application to check a person’s eligibility for benefits and services.

It’s important people keep their personal details on their UKVI account up to date. They can update their details through the ‘update your UK Visas and Immigration account details’ service or by using the ‘update details’ function in the ‘View and Prove your immigration status’ service.

If an individual needs help accessing or using the online immigration status services, organisations helping others to apply can contact the UKVI Settlement Resolution Centre by calling: 0300 790 0566. Lines are open Monday to Friday (excluding bank holidays), 8am to 8pm, Saturday and Sunday, 9:30am to 4:30pm.

4. Right to Work

From 1 July 2021, EU, EEA and Swiss citizens and their family members will need to evidence their right to work in the UK, either using their online immigration status (eVisa) / Certificate of Application, or with a physical immigration document.

5. Right to rent checks

From 1 July 2021, EU, EEA and Swiss citizens and their family members will need to evidence their right to rent in England, either using their online immigration status (eVisa) / Certificate of Application, or with a physical immigration document.

6. Healthcare

Healthcare is a devolved matter and advice can be sought from devolved health administrations. The information in this document applies to healthcare services in England. For more information about accessing healthcare in Scotland, Wales and Northern Ireland, visit the websites for health services in each country:

• Wales
• Scotland
• Northern Ireland

The Department of Health and Social Care has made clear that, in England, those who are awaiting the outcome of an EUSS application submitted by 30 June 2021 will remain entitled to free healthcare, subject to the ordinary resident test, until that outcome is known. Where a late application to the EUSS has been made (evidenced by a Certificate of Application), the individual will be non-chargeable for NHS healthcare from the date of that application until its final outcome. Those who are subsequently granted EUSS status will remain non-chargeable for NHS healthcare.

Primary healthcare services, including GP consultations, are free of charge to all, as are Accident and Emergency care and testing and treatment for certain infectious diseases.

Urgent and immediately necessary treatment is never withheld, even where charges may apply.

If, at the time of treatment, an EU, EEA or Swiss citizen or their family member cannot evidence their status or present a Certificate of Application showing they have applied to the EUSS, they can provide it to the Trust once they receive it. This is why it is important for eligible individuals to make a late application to the EUSS if they have failed to apply by the deadline.

EU, EEA or Swiss citizens or their family members without a valid immigration status, or refused EUSS status, may be charged for NHS healthcare, unless another exemption from charging applies.

More information can be found on:

• [NHS entitlements: migrant health guide[(gov.uk/guidance/nhs-entitlements-migrant-health-guide]
• [guidance on implementing the overseas visitor charging regulations](gov.uk/government/publications/overseas-nhs-visitors-implementing-the-charging-regulations]

7. Pending applications

Individuals who submitted an application by the deadline of 30 June 2021 will have their existing rights protected until the application is decided. Rights are also protected where the outcome of any appeal against a decision to refuse status is pending.

Anyone awaiting the outcome of their application can evidence their rights with their Certificate of Application which is issued as soon as possible after a valid application is received.

A Certificate of Application is accessible to view online, via the ‘View and Prove your immigration status’ service.

EU, EEA and Swiss citizens and their family members would have created a UK Visas and Immigration (UKVI) account when they made their application to the EUSS. To log in, EU, EEA and Swiss citizens and their family members will need their UKVI account credentials, details of the identity document they used when they made their application and access to either the phone or email account they used when they applied. From there they will be able to generate a share code that will give third parties time-limited access to view their status.

8. Applications for Looked After Children and Care Leavers

Local Authorities are required to identify and make or support applications by or on behalf of eligible looked after children and care leavers as outlined in this guide.

Provision has been made for Local Authorities to make or support late applications in line with published guidance by or on behalf of:

• looked after children for whom the authority has parental responsibility
• looked after children who are accommodated
• care leavers (who may be adults)
• any other children in receipt of local authority support, for example children in need.

9. Reasonable grounds for late applications

The EU Settlement Scheme has made provision for late applications to be made by EU, EEA and Swiss citizens and their family who can show they have reasonable grounds for missing the deadline.

Non-exhaustive caseworker guidance has been published setting out a wide range of circumstances which would constitute reasonable grounds, including, but not limited to, the following:

• where a parent, guardian or Local Authority has failed to apply on behalf of a child.
• where a person has or had a serious medical condition, which meant they were unable to apply by the relevant deadline.
• if someone is a victim of modern slavery or is in an abusive relationship.
• someone who is isolated, vulnerable or did not have the digital skills to access the application process.
• where a person was unable to apply by the relevant deadline for compelling practical or compassionate reasons – including in light of the COVID-19 pandemic.

The case worker guidance can be found on GOV.UK](https://www.gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance).

Eligible applicants should make a late application to the EUSS on GOV.UK.

10. Applications after the 30 June 2021 deadline

From the 1 July 2021, EU, EEA and Swiss citizens and their family members are required to evidence their right to be in the UK by having secured a valid UK immigration status, either through the EUSS (including joining family members) or by obtaining a visa under the points-based immigration system. EU, EEA and Swiss citizens and their family members resident in the UK by 31 December 2020 do not need to apply to the EUSS if they have indefinite leave to enter or remain, or are an Irish citizen, but they can if they want to.

EU, EEA or Swiss citizens and their family members (including non-EEA citizens) resident in the UK by 31 December 2020, who failed to make an application to the EU Settlement Scheme by the deadline of 30 June 2021, will not have protected their rights in UK law, including the rights to live, work, study and access benefits and services in the UK.

Failure to apply to the EUSS may negatively impact their eligibility to work, study, and access benefits and services in the UK or rent property in England.

Late applications can be made direct to the EUSS. But if someone without status is encountered by Immigration Enforcement and they may be eligible for the EUSS, they will be provided with a written notice giving them an opportunity to apply to the scheme, normally within 28 days, and directed to the support available to them if they need it.

The Home Office will take a flexible and pragmatic approach to accepting late applications and will continue to look for reasons to grant applications, not to refuse them.

11. How to make a late application

Eligibility to apply should be checked on GOV.UK](www.gov.uk/eusettlementscheme)

Applicants can complete a free online application from a computer, tablet or mobile smartphone.

Application guidance can be found on GOV.UK. Once the guidance has been read, applicants should start an application.

The following individuals do not need to apply to the EUSS:

• naturalised British citizens
• those with indefinite leave to enter or remain
• Irish citizens, but any non-Irish, non-British family members will need to apply to the EUSS if they want to stay in the UK.

Remember:

• even EU, EEA and Swiss citizens who have lived in the UK for many years, are married to a British citizen, or hold a permanent residence document need to apply to the EUSS.

• children will need their own individual applications if they are not British citizens or do not have indefinite leave to enter or remain. Further information is available on GOV.UK

• those expecting to have a child (or have given birth since 1 April 2021) will need to make an application on the behalf of their child within 3 months of their date of birth. However, an application for a child is not required if either parent has settled status under the EUSS (or another form of indefinite leave to enter or remain) before the child is born, as the child will be a British citizen

12. Support available for late EU Settlement Scheme applicants

There remains a range of support available from over the phone advice to one-to-one support as well as help with translations and technology. Community organisations are encouraged to signpost applicants to these services if they can offer support that you are unable to.

12.1 EU Settlement Scheme Resolution Centre

For questions about their application, EU citizens can call 0300 123 7379 from inside the UK or +44 (0) 20 3080 0010 from outside the UK (Monday to Friday, 8am to 8pm and Saturday to Sunday, 9.30am to 4.30pm).

Find out about call charges.

12.2 Assisted Digital

This service helps people who do not have the right access, skills or confidence to complete the online application form and is available over the phone and in person, free of charge. Contact We-Are-Digital by calling 03333 445 675 (Mon–Fri, 9am–5pm) or text the word “VISA” to 07537 416944. Visit GOV.UK for more information.

12.3 ID document scanning service

This service is available to complete the identity verification for those who do not have access to the EU Exit: ID Document Check app. There may be an administrative fee to use this service. Check availability of this service and for more information on GOV.UK.

12.4 Communications materials

Although the 30 June 2021 deadline has passed, late applications can still be made to the EUSS. Therefore, there is a range of social media assets available to download from Brandworkz to continue to share on your own channels to encourage non-applicants to make a late application as soon as possible.