EU SETTLEMENT SCHEME WORKING with OLDER PEOPLE EU Settlement Scheme Adviser Training

EU SETTLEMENT SCHEME WORKING WITH OLDER PEOPLE EU Settlement Scheme Adviser Training

Bella Mosselmans, Joint-CEO, Here for Good & Immigration Lawyer Carla Mirallas, Volunteer Coordinator & Immigration Lawyer, Here for Good/Bindmans LLP Introduction – Here for Good

• Here for Good is a legal charity which exists to provide free immigration advice to EU, EEA and Swiss citizens and their family members living in the UK. • We primarily assist with complex applications under the EUSS. • Services: • Email & phone advice service • Casework • Network of volunteer lawyers who are taking on cases pro bono around the UK. Introduction - Training Programme

• Training commissioned by the GLA and delivered by Here for Good. • 16 training sessions between June and October 2020. • Range of training sessions: complex cases, children, older people, homeless, criminal records. • Audience • Programme is not designed to replace official OISC training. Training Objectives

The aims of this training session are to: • Provide you with an overview of the main issues you may encounter when assisting older people to apply under the EUSS • Provide you with practical tips in order to best support older people with their applications under the EUSS • Raise your awareness about other potential application routes for older people and British citizenship Structure of Training

• Brief overview of the EUSS • Common issues that arise in cases involving older applicants • Awareness of other application routes and British citizenship • Case studies • Questions Brief Overview of the EUSS

For a detailed overview, please read Section 1-3 of the Manual which will be distributed after this training. Legal Framework

• EU LAW: • Directive 2004/38, the Citizens’ Rights Directive (the Free Movement Directive) • Implemented in domestic UK law by the Immigration (European Economic Area) Regulations 2016 (as amended). • UK LAW: • Immigration Rules – Appendix EU • Creation of the EU Settlement Scheme (‘EUSS’) • At present, the EUSS is running in parallel to the EEA Regulations 2016. The EUSS and Appendix EU

There are two types of status that can be granted under the EUSS:

• Indefinite Leave to Remain (also known as ‘settled status’) for applicants who have lived in the UK continuously for 5 years or more; or

• Limited Leave to Remain (also known as ‘pre-settled status’) for applicants who have lived in the UK for less than 5 years. EU LAW UK LAW EEA Regulations 2016 Appendix EU (EU Settlement Scheme)

Permanent Residence Document (PR)/ Document Certifying Settled Status (Indefinite Leave to Remain) Permanent Residence For EU citizens and their family members who have lived in the For EU citizens and their family members who have lived and UK for > 5 years exercised ‘treaty rights’ in the UK for > 5 years

EEA Biometric Residence Card Pre-settled status (Limited Leave to Remain)

Valid for 5 years for EEA family members whose EU citizen Valid for 5 years for EU citizens and their family members who sponsor is exercising ‘treaty rights’ have lived in the UK < 5 years. They can apply for settled status after they have completed 5 years residence in the UK.

EEA Family Permit EUSS Family Permit

Permit that allows non-EEA family members who are outside Permit that allows non-EEA family members who are outside the the UK to join their EU citizen family member in the UK. It is UK to join their EU citizen family member in the UK. The EU valid for 6 months. citizen’s sponsor must have been granted “settled” or “pre- settled status” under the EUSS. It is valid for 6 months. Registration certificate

Issued to EEA citizens who are exercising Treaty rights in the United Kingdom and wish a confirmation of their right of Who must apply under the EUSS? Who must apply under the EUSS?

• EU, EEA, Swiss citizens and their family members. ØIncluding individuals who have been granted Permanent Residence (PR) under the Regulations. • Exceptions: • Irish citizens • Individuals who have already been issued Indefinite Leave to Enter/Remain in the UK under domestic law. • British citizens (including ‘dual citizenship’) Non-EEA Family Members There are two categories of non-EEA family members who qualify under the EUSS: Direct family members and Extended family members Direct family members

Spouse/civil partner Direct descendants (child, grandchild or great-grandchild under 21 years old) of the EEA citizen or his/her spouse/civil partner) Dependent child over the age of 21 Dependent direct relative in the ascending line (dependent parent, grandparent or great-grandparent) of the EEA citizen or his/her spouse/civil partner) Non-EEA Family Members

Extended family members

Durable partner (unmarried)

The dependent relative, before 1 January 2021, of a relevant EEA citizen (or of their spouse or civil partner and the family relationship continues to exist at the date of application Other applicants

There are other categories of non-EEA citizens who may also be able to apply under the EU Settlement Scheme including:

• Those with derivative rights of residence • Those who have retained rights of residence • Family member of an EEA citizen who died, when they lived continuously in the UK as their family member for at least 1 year immediately before the death; • Family member whose marriage or civil partnership ends • Domestic violence • Surinder Singh applicants Deadline Deadline

• 30th June 2021 (end of the grace period). Except for in a few cases. • This applies to applicants who are resident in the UK by 31st December 2020 (end of the transition period). • Time pressure for certain group of applicants who have to apply first under the EEA Regulations 2016 • Extended family members Key Requirements for Settled Status Key Requirements for Settled Status

• 5 years’ continuous residence in the UK

• No ‘supervening event’ has occurred

• Meet the eligibility and suitability requirements Continuous residence

• Permitted absences from the UK: no more than 6 months in any 12-month period • Important for those with pre-settled status. Exceptions: • A single period of absence of more than 6 months but which does not exceed 12 months permitted only for an important reason (pregnancy, childbirth, serious illness, study, vocational training, or an overseas posting); • Other Supervening event

• The Home Office defines supervening event in Appendix EU as:

ØA period of absence from the UK of more than 5 years (or of 4 years if a Swiss citizen) since they last acquired the right of permanent residence in the UK (whether or not they had applied for the document);

ØThe applicant has been issued with an exclusion/deportation order, other than under the EEA Regulations;

ØThe applicant has been issued with a decision to exclude/remove him under the EEA Regulations. Suitability Requirements “Suitability assessment” • All applicants over 10 years old are subject to a ‘suitability’ assessment as part of the application process. This assessment is conducted on a case-by- case basis and is based on the applicant’s personal conduct and circumstances in the UK and overseas, including whether they have any relevant prior criminal convictions, and whether they have been open and honest in their application. Suitability Requirements • Criminality’ features heavily in the suitability requirements for EUSS applications. • Self-disclosure of criminal records (over 18) • Failure = potential refusal on grounds of deception • Checks against PNC, WI and overseas criminal record checks. • No need to declare: • spent convictions • warnings (‘cautions’) • alternatives to prosecution Suitability Requirements • The suitability requirements are considered in EU15 and EU16 of the Appendix EU. The grounds of refusal can be: ØMandatory

ØDiscretionary Overview of Application Process Checks in the EUSS application process

1. Identity/nationality checking

2. Residence checking

3. Criminality checking Processing times

• Latest guidance: around 5 working days for straightforward applications but it can take up to 1 month.

• Processing can take longer than 1 month if: • Further information is requested; • Applicant is a minor and the application is not linked to an adult; • Paper application; • Criminal record; • non-EEA family member is applying based on a relationship they have not relied on in a previous application to the Home Office. Processing times

• If delay is longer than 6 months: possible challenge via Judicial Review – Pre-Action Protocol Letter

• Please refer the case to a more senior immigration advisor. Getting a decision

• Application approved • View and prove rights online – digital system • Important to update details • Application refused • Remedies: • Appeal (only for those applicants who made an application on or after 11pm on 31/01/2020) • Administrative review • Submit a fresh application Losing status

Settled Status: • Absence > 5 consecutive years (4 consecutive years for Swiss citizens). • Subsequent criminal offending Pre-Settled Status: • Absence > 2 consecutive years • Be careful about the 6 months absence in each 12 month period. • If not converted into settled status before the expiry date of the decision. Introduction to Working with Older People Common Issues

• Digital Exclusion • Technical Issues with the Application • Lack of Mental Capacity • Lack of Valid ID • Lack of Residence Evidence • Have already been issued with Indefinite Leave to Remain Digital Exclusion Digital exclusion

• EUSS is a digital application process • Older applicants may not feel confident using a computer or mobile device, may not have the required technology or access to the internet. • Government’s ‘Assisted Digital’ support via ‘We Are Digital’ is available: • This support is offered over the phone; face-to-face support in a local centre and in-home tutors. • Applicants are not be able to get immigration advice through this service. • Important to make referrals to immigration advisors. Digital exclusion

Older applicants may struggle with: • Accessing online applications or resources to scan documents; • Completing applications online; • Setting up and maintaining an email address, and; • Understanding how to use the online service to access their digital status under the EUSS. Digital exclusion: recommendations

We recommend that you: • Explain that the EUSS is a digital system • Guide the older person through the application process step-by-step • Assist them to: o Set up an email address. A key person that cares for/supports them (e.g. a family member, support staff at a residential home) may also be able to help with this. o Scan their passport/ID and complete the online EUSS application o Scan and upload documents Digital exclusion: Recommendations

After you have received a decision: • Explain very clearly to them (and if relevant the key person) how to use the the ‘View and Prove’ online service; • Also inform them that they will have to keep their status updated. • Print out the Home Office’s decision letter for them, together with any additional instructions you feel are necessary for them to understand how to access their status o e.g. a Step-by-Step guide on how to: ØUse their email ØProve their status ØUpdate their personal details Technical Issues with Application Technical Issues with Application

Age / Other issues: • An applicant over the age of 100 was recognised as a child when ID document scanned • Possible you may experience other issues

Solution: • Call EU Settlement Resolution Centre (SRC) • You should ask for a timeframe regarding when the issue will be resolved. You should then follow up with the SRC to ensure the technical issue is fixed Technical Issues with Application

*Useful tip:

• Ensure you have applicant’s details to hand

• You may also need to satisfy the SRC that you have authority to speak with them about the application. You can do so by uploading a copy of your letter of authority in the application form or by calling the Home Office with the applicant on the line (i.e. conference call) so that the applicant can authorise you to speak with them on their behalf. Lack of Mental Capacity Lack of mental capacity • Mental Capacity Act 2005 – Framework • Section 2 and 3 definition: “a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain”

• Check whether there is a: • Legal representative with Lasting Power of Attorney • Deputy appointed by the Court of Protection or; • Someone can act on their behalf as a litigation friend.

• The EUSS guidance states that in most cases, the applicant’s legal representative should make an application on their behalf. Lack of mental capacity

• The person acting on behalf of the applicant will need to be satisfied:

• that they have the authority (in the general sense of permission or consent) to do so; and;

• that they are acting in the best interests of the individual in accordance with the Mental Capacity Act 2005 Lack of mental capacity

Issues with the EUSS: • Lack of clear Home Office guidance policy or procedure about applicants who lack mental capacity; • Solicitors may be unable to complete applications if they do not have lasting powers of attorney as they cannot be instructed; • Independent Mental Capacity Advocates (IMCA) may not have funding to cover EUSS applications; • In most of cases, applicants may need to have a deputy appointed by the Court of Protection – lengthy process Lack of Valid ID Lack of Valid ID: Home Office Guidance

The Home Office accepts that there may be cases where an applicant is unable to obtain an ID due to: • circumstances beyond their control or; • other compelling practical or compassionate reasons.

In such cases, they must apply using a paper application form and alternative evidence of identity. Lack of Valid ID: Home Office Guidance

Examples provided by the Home Office Guidance that may be relevant when working with older persons include:

1) Impossible or unreasonable for them to obtain or produce the required document due to a serious medical condition

• Provide confirmation of their condition and why it prevents them from obtaining or producing the required document, from their GP or other appropriately qualified medical professional. Lack of Valid ID: Home Office Guidance

2) Other factors such as an applicant’s age, although not a serious medical condition, may still be a barrier to them being able to travel to their home country’s embassy or consulate as required in order to obtain the required document.

• Provide letter from GP or other appropriately qualified medical professional confirming the barrier(s) to travel. Lack of Valid ID: Home Office Guidance

3) Impossible or unreasonable for the applicant to obtain or produce the required document because their mental capacity falls under the Mental Capacity Act 2005 (for England and Wales), the Adults with Incapacity (Scotland) Act 2000 or common law in Northern Ireland, and there is no one to do so on their behalf.

• Provide confirmation of their capacity, and why it prevents them from obtaining or producing the required document, from their GP or other appropriately qualified medical professional. Lack of valid ID

Suggested steps:

1) Ensure that all reasonable steps are taken to obtain a valid ID 2) If not possible, identify the reason why the applicant is unable to obtain an ID 3) Gather alternative evidence of identity/nationality 4) Request a paper application form from the Settlement Resolution Centre 5) Prepare detailed legal representations Lack of valid ID: Step 1

1) Ensure that all reasonable steps are taken to obtain a valid ID

This step is important for 2 main reasons: • To make it easier to prove their right of residence in the long term • To justify providing alternative evidence of ID to the Home Office Lack of valid ID: Step 1

1) Ensure that all reasonable steps are taken to obtain a valid ID

If the ID has been lost/stolen: report to it the police and national authority.

Make enquiries with their embassy/consulate to find out: • What information, consent and documents are required; • Whether it is possible for the applicant to apply within the UK; • The timeframe to obtain a valid ID.

*Useful Tip: Make note and keep evidence of all steps taken Lack of valid ID: Step 2

2) Identify the reason why the applicant is unable to obtain an ID + any evidence that supports this

• Bear in mind Home Office guidance o circumstances beyond their control or; o other compelling practical or compassionate reasons: ØMedical Condition ØApplicant’s Age prohibiting required travel ØMental Capacity • Evidence Lack of valid ID: Step 3

3) Gather alternative evidence of identity/nationality The Home Office’s guidance provides a non-exhaustive list of alternative evidence. This includes documents such as: • Documents previously issued by the Home Office • An expired passport • An official document issued by the authorities of the applicant’s country of origin which confirms their identity and nationality • A UK driving licence, NI number card, or tax or pension statement; • An official document issued by the authorities of another EU Member State Lack of valid ID: Step 4

4) Request a paper application form from the Settlement Resolution Centre (SRC): • Call the Settlement Resolution Centre and request a paper application form • The SRC will ask you a few questions over the phone regarding the applicant before they can send a personalised application form. *Useful tip: You can give the SRC your professional address as the address to receive the applicant’s paper application form. Lack of valid ID: Step 5

5) Detailed Legal Representations • You should state: • steps that have been taken to obtain the older person valid ID; • the reasons it was not possible and why alternative evidence of identity should be accepted (with reference to Home Office guidance)

*Please make sure that you refer the case to a more senior immigration caseworker/solicitor if you are unable to draft these legal representations. Lack of Residence Evidence Lack of residence evidence

• In many cases, the Home Office may not be able to confirm applicant’s UK residence using only the automated checks. • The automated check starts from the date of the application and works backwards through the previous 7 tax years only • Some applicants only in receipt of a State Pension from their national State (i.e. not the UK) Lack of residence evidence

Importance of Settled Status:

• Even if it is impossible to obtain evidence of 5 years continuous residence: do NOT advise the applicant to accept/apply for pre-settled status instead!

• Settled status is a more secure immigration status which may allow the applicant to have easier access to benefits and public services which can be life changing. Lack of residence evidence

Steps: 1) Take all possible steps to obtain evidence of residence for full 5-year period 2) If not possible to obtain evidence for full period, submit application for settled status with detailed legal representations regarding evidence of residence Lack of residence evidence: Step 1 1) Take all possible steps to obtain evidence of residence

• Bank statements; • GP/medical records; • Letters of support from supporting organisations/services (e.g. residential care home); • HMRC/DWP records; when the applicant has worked/received benefits but not in the past 7 years.

• * Useful Tip: Often need signed form of authority Lack of residence evidence: Step 2 2) Even if not possible to obtain evidence for full period, submit application for settled status with detailed legal representations

Set out: • Reasons applicant is eligible for settled status • Reasons they should be granted settled status • Particular compelling circumstances/reasons they are unable to obtain evidence of residence for a certain period • Supporting evidence provided

*Please make sure that you refer the case to a more senior immigration caseworker/solicitor if you are unable to draft these legal representations Individuals who already have ILR/ILE Individuals who already have ILR/ILE: • Many older persons may have already been issued with Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE) under the UK Immigration Rules. • A person’s ILR/ILE will no longer be valid if it has been revoked on public policy grounds; or has lapsed due to an absence from the UK exceeding two years. Where an older person’s ILR has lapsed, it is vital that they apply for settled status to secure their status in the UK. • If it has not lapsed, they are not required to apply for Settled Status but may still wish to do so. Individuals who already have ILR/ILE: Benefits of ILR/ILE: • Receive up to date proof of their residence right; • Have better family reunion rights; • Be permitted to be absent from the UK for 5 years, instead of 2 years, without losing their status; • Avoid potential pitfalls in evidencing their right of residence as seen with the “Windrush generation” Additional Information Additional Information

• Awareness of British citizenship: o Naturalisation under section 6(1) and 6(2) of BNA 1981 o Automatically British – born in the UK pre 1 January 1983 • Windrush Application Scheme • No Time Limit Applications Naturalisation as a British Citizen under section 6(1) and section 6(2) of the British Nationality Act 1981 • For many European citizens, the best way to secure rights to remain in the UK will be to naturalise as a British citizen. • This will not be the case for everyone because some European states do not allow dual citizenship and, in some circumstances, family members can end up in a difficult position if the person they joined here becomes British before the family member has acquired settled status. • The application fee for naturalisation as a British citizen is also £1330, which prevents many people from being able to apply. Section 6(1) vs. Section 6(2) of the BNA 1981

• Under the current law, the general rule is that, if a person is not married to /in a civil partnership with a British citizen they become a person eligible to apply to naturalise as a British citizen under section 6(1) of the BNA 1981 once they have lived continuously and lawfully in the United Kingdom for five years and have held indefinite leave to remain for at least 12 months • If the person is married to/in a civil partnership with a British citizen, they will become eligible to apply to naturalise as a British citizen under section 6(2) of the BNA 1981 once they have lived continuously and lawfully in the United Kingdom for three years and have been issued with indefinite leave to remain. Basic Requirements • Have been lawfully resident in the UK for five years (or three years if married to or in civil partnership with a British citizen); • Have not been absent from the UK for more than 450 days in total in the five year period (or 270 days in the three-year period if married to or in civil partnership with a British citizen) and have not been absent for more than 90 days in the year before you apply; • Have been free from immigration time restrictions for 12 months before the date of application (or simply are presently free from immigration time restrictions if married to or in a civil partnership with a British citizen); • Are physically present in the UK on the date of application, and were physically present in the UK five years (or three years if married or in a civil partnership with a British citizen) prior to the date of application; • Are over 18; • Are of sound mind; • Intend to live in the UK permanently unless you are married to / or in civil partnership with a British citizen; • Have passed the Life in the UK test and an English language test if you are under the age of 65 and not exempt; and • Are of good character. Cases where an older applicant may be automatically British • If you find out that an older person was born in the UK before 1 January 1983, they are automatically British and can apply directly to the Passport Office for a British passport.

• There are two exceptions to this. The older person will not be a British citizen if their father was either: o A diplomat working for a foreign country; or o An ‘enemy alien in occupation’ - this only applies to you if your father was in the Channel Islands during World War 2 when you were born The Windrush Scheme

• The Windrush Scheme was introduced by the Home Secretary in April 2018 as a result of the “Windrush scandal” which affected migrants from Commonwealth countries, particularly from Caribbean countries, who arrived in the UK before the beginning of immigration controls in 1973.

• Many of these migrants did not have proof of their legal entitlement to be in the UK and suffered considerable hardship as a result of modern government policies (also known as “hostile environment policies”). The government apologised to people in this position and made a commitment to help them get the documents they need through the Windrush scheme. The Windrush Scheme

• The Windrush Scheme applies to different Windrush Groups as stated below: • Group 1: Commonwealth citizens who were either settled in the UK before 1st January 1973 or who have the right of abode • Group 2: People of any other nationality who arrived in the UK and had indefinite leave before 1 January 1973 • Group 3: People of any nationality, who arrived in the UK between 1st January 1973 and 31 December 1988 and who have indefinite leave to enter/remain • Group 4: A child of a Commonwealth citizen parent and the parent was settled in the UK before 1 January 1973 or had a Right of Abode (or met these criteria but is now a British citizen). The Windrush Scheme

• As you will notice, older European citizens, despite not being Commonwealth citizens, could fall under Group 2 and Group 3 above. In such cases, they may be eligible to apply or a biometric residence permit confirming their indefinite leave to remain under the Windrush Scheme. This may be preferable for an older person as it is a physical document rather than a “digital status”. • Like the EUSS, the Windrush application process is also free. • Detailed guidance on the Windrush Scheme can be found here: https://www.gov.uk/government/publications/windrush-scheme-casework- guidance No Time Limit (NTL) Applications

• If an older European citizen with valid ILR/ILE in the UK is not eligible for the Windrush Scheme, but would much prefer to have an up-to-date physical document proving their right to reside in the UK (rather than a digital status as issued under the EUSS), they may want to consider making a “No Time Limit (NTL) Application.” • This is an application process which allows persons with ILR/ILE in the UK to apply for their status to be transferred to an up-to-date biometric residence permit. • Unlike the EUSS and Windrush Scheme, an NTL application costs £229. More information can be found on NTL applications here: https://www.gov.uk/biometric-residence- permits/replace-visa-brp Case Studies Case Study 1: Facts & Initial Questions Maria is a Greek citizen, aged 103 years old. She moved to the UK over 20 years ago so that her son, who was living here could take care of her. She does not have any suitability issues. Maria is self-sufficient and receives a state pension from Greece. Maria had been registered with her local GP since 2002. She also has her own bank account in the UK. However, other documents relating to her address (such as utility bills and mortgage statements) are in her son’s name. Maria has a valid Greek passport but has never travelled outside the UK since arriving here in the late 1990s. Maria is not computer literate. She had received help from her son to use the EU Exit: ID Document Check app to scan her Greek biometric passport, but her document was incorrectly scanned as the app registered her date of birth as a child (listing her as born 100 years after her actual birthdate, e.g. born on 01/01/2016 instead of 01/01/1916). Due to her situation, Maria was also concerned about the lack of residence evidence she had. The Home Office automatic checks with HMRC and DWP did not register her residence in the UK. Maria and her son came to your organisation for assistance with her EUSS application. Initial Questions: à Is Maria eligible for settled status? à Identify the key issues in this scenario Case Study 1: Is Maria eligible for pre- settled or settled status under the EUSS? • Maria may be eligible for settled status because: • She has lived in the UK for a continuous period of at least five years; • She meets the eligibility and suitability requirements; and • No supervening event has occurred in her case. Case Study 1: Key Issues

1) Digital Exclusion 2) Technical Issues with Application 3) Concerns Regarding Lack of Residence Evidence Case Study 1: Identify the Solutions

Maria is a Greek citizen, aged 103 years old. She moved to the UK over 20 years ago so that her son, who was living here could take care of her. She does not have any suitability issues. Maria is self-sufficient and receives a state pension from Greece. Maria had been registered with her local GP since 2002. She also has her own bank account in the UK. However, other documents relating to her address (such as utility bills and mortgage statements) are in her son’s name. Maria has a valid Greek passport but has never travelled outside the UK since arriving here in the late 1990s. Maria is not computer literate. She had received help from her son to use the EU Exit: ID Document Check app to scan her Greek biometric passport, but her document was incorrectly scanned as the app registered her date of birth as a child (listing her as born 100 years after her actual birthdate, e.g. born on 01/01/2016 instead of 01/01/1916). Due to her situation, Maria was also concerned about the lack of residence evidence she had. The Home Office automatic checks with HMRC and DWP did not register her residence in the UK. Maria and her son came to your organisation for assistance with her EUSS application. Solution – Digital Exclusion

• Guide Maria through the application process • Once settled status obtained, provide Maria and her son with clear instructions on how they can access and prove her status in the future. • E.g. Provide them with the Home Office’s decision letter, and a Step-by- Step guide on how to prove Maria’s status and update her personal details when applicable Solution – Technical Issues

• Call the EU Settlement Resolution Centre to explain the situation with Maria’s passport. Ensure that you have Maria’s application number, full name, nationality and date of birth to hand when doing so. • You should ask for a timeframe regarding when the issue will be resolved. You should then follow up with the EU Settlement Resolution Centre to ensure the technical issue is fixed and if any further actions need to be taken *Note: Authority Issue Solution – Concerns Regarding Lack of Residence Evidence • No need to be concerned: • From the scenario, we know that she has been registered with her local GP since 2002 and has had a UK bank account • Maria could therefore obtain her medical records or a letter from her GP that confirms when she registered with them, her UK address and any appointment she has had. o Note: If you request these, need for signed form of authority • You could also see if Maria can request her annual bank statements for the past five years from her UK bank. o If she does not have online banking, her son may be able to go into a local branch with her and request that these are printed. Case Study 2: Facts & Initial Questions Philippe is a dual French-Turkish citizen. He is 82 years old. Phillipe first moved to the UK in the late 1980s. During this period, he was granted Indefinite Leave to Remain (ILR) in the UK. In 1994, Phillipe left the UK and returned to live in France for 14 years. Phillippe next returned to the UK in 2008, when he was 70 years old, and has lived here continuously to date. Phillipe originally stayed with his son, Alex, but for the past six years, he has been living in a nursing home. Phillipe continues to be financially supported by Alex. He has not opened a UK bank account. He has never received any utility bills or council tax bills in his name. He has not applied for benefits, nor worked or received a UK pension. Due to mobility issues and his old age, Phillipe has not left the UK for the past seven years. His French passport expired in 2015. He has not been able to renew it. However, his Turkish passport remains valid. Phillipe does not have any criminal or suitability issues. Phillipe has poor vision and has recently had an operation for cataracts in 2017. In 2018, Phillipe was diagnosed with Alzheimer’s Disease. This has deteriorated to the extent that Alex has applied for and been granted a Lasting Power of Attorney over Phillipe’s health and welfare. Alex is concerned about his father’s status in the UK in light of Brexit. He has brought Phillipe to your organisation to obtain assistance with his application. Initial Questions: à Does Phillipe need to apply for Settled Status? à If yes, is Phillipe eligible for settled status? à Identify the key issues in this scenario Case Study 2: Does Phillipe need to apply for Settled Status? • Phillipe was previously issued with ILR in the UK when here during the 1980s. However, he left the UK in 1994 and did not return until 14 years later - in 2008. • ILR will ‘lapse’ if you stay outside the UK for a continuous period of more than two years. As Phillipe was absent from the UK for 14 years, his ILR would have lapsed. • You can therefore advise Alex that it is still necessary for his father to apply for status under the EU Settlement Scheme Case Study 2: Is Phillipe eligible for pre-settled or settled status under the EUSS? Phillipe is eligible for settled status because: • He has lived in the UK for a continuous period of at least five years; • He meets the eligibility and suitability requirements, and; • No supervening event has occurred in his case Case Study 2: Key Issues

1) Lack of Mental Capacity 2) Lack of Valid ID 3) Lack of Residence Evidence Case Study 2: Identify the Solutions

Philippe is a dual French-Turkish citizen. He is 82 years old. Phillipe first moved to the UK in the late 1980s. During this period, he was granted Indefinite Leave to Remain (ILR) in the UK. In 1994, Phillipe left the UK and returned to live in France for 14 years. Phillippe next returned to the UK in 2008, when he was 70 years old, and has lived here continuously to date. Phillipe originally stayed with his son, Alex, but for the past six years, he has been living in a nursing home. Phillipe continues to be financially supported by Alex. He has not opened a UK bank account. He has never received any utility bills or council tax bills in his name. He has not applied for benefits, nor worked or received a UK pension. Due to mobility issues and his old age, Phillipe has not left the UK for the past seven years. His French passport expired in 2015. He has not been able to renew it. However, his Turkish passport remains valid. Phillipe does not have any criminal or suitability issues. Phillipe has poor vision and has recently had an operation for cataracts in 2017. In 2018, Phillipe was diagnosed with Alzheimer’s Disease. This has deteriorated to the extent that Alex has applied for and been granted a Lasting Power of Attorney over Phillipe’s health and welfare. Alex is concerned about his father’s status in the UK in light of Brexit. He has brought Phillipe to your organisation to obtain assistance with his application. Solution - Lack of Mental Capacity • Phillipe has Alzheimer’s Disease. His son, Alex, has been granted a Lasting Power of Attorney over Phillipe’s health and welfare. You should ask to see a copy of this document. • Once you have confirmed this is the case, you can take instructions from Alex regarding Phillipe’s application. • Alex can apply on Phillipe’s behalf and therefore you can go through the application questions with Alex. • You should submit a copy the Lasting Power of Attorney to the Home Office as evidence in the application. Solution: No Valid ID Phillippe needs a valid French ID document (not Turkish) to apply under the EUSS. Suggested Steps: 1) Try to obtain valid ID document – contact French Embassy 2) If not possible, identify reason unable to obtain valid ID + gather evidence of this • Refer to Home Office EUSS Guidance (e.g. Mental Capacity) 3) Gather alternative form of identity – expired French passport 4) Call the EUSS Resolution Centre to Request a Paper Form 5) Detailed representations on reasons that alternative evidence of identity should be accepted à Refer to Home Office EUSS Guidance Solution – Potential Lack of Residence Evidence • Try to get 5 years evidence of residence: o Correspondence from the Nursing Home confirming father living there o If Alex does not have correspondence, obtain letter confirming: ØDate that Phillipe moved into the Nursing Home ØThat he has been living there continuously since then.

o GP letter/medical records: ØScenario mentions mobility issues and operation for cataracts ØRequest GP letter / medical records ØCould also check if has physio-therapist Solution- Potential Lack of Residence Evidence • Remember: If unable to obtain 5 years continuous residence evidence, submit application for settled status with detailed legal representations • Set out: • Applicant’s circumstances • Reasons eligible for settled status • Evidence provided • Reasons they should be granted settled status despite lack of residence evidence - make reference to any particular vulnerabilities / practical issues Q&A Thank you!