EU Settlement Scheme Adviser Training Course Pack EUSS ADVISER TRAINING – COURSE PACK COPYRIGHT Greater London Authority & Here for Good May 2020 Published by Greater London Authority City Hall The Queen’s Walk More London London SE1 2AA enquiries 020 7983 4000 minicom 020 7983 4458 Photograph © Here for Good Authors: Bella Mosselmans & Carla Mirallas Contributors: Ashley Fleming & Bianca Valperga EUSS ADVISER TRAINING – COURSE PACK CONTENTS Introduction to this training manual 4 1. Introduction to the EU Settlement Scheme (‘EUSS’) 6 Background to the scheme 6 EEA Regulations 2016 (EU law) versus Appendix EU (UK law) 7 What is the EU Settlement Scheme? 9 1.4 Deadline 10 1.5 Applicants 10 1.6 Continuous qualifying period of residence – permitted absences 14 1.7 No supervening event has occurred 15 1.8 Suitability 15 1.9 Other factors - criminality 17 2. Application process 18 2.1 Online application 18 2.2 Other ways of applying online without using the mobile app 45 2.3 Additional steps that family members of EU citizens need to take to make an application under the EUSS 46 2.4 Applications made on paper form 47 2.5 Applicants who are children 48 2.6 Getting a decision 50 2.7 Updating the Online Status 55 2.8 Converting pre-settled status to settled status 55 2.9 Losing Status 56 Introduction to Complex Cases 57 3.1 Lack of valid ID 58 3.2 Lack of residence evidence 63 3.3 Lack of mental capacity 66 3.4 Digital exclusion 67 3.5 Suitability and criminality 68 2 EUSS ADVISER TRAINING – COURSE PACK 3.6 Derivative rights of residence 73 3.7 Retention of rights 76 3.8 ‘Surinder Singh’ applications 78 3.9 Key deadlines under the EUSS 79 Children 81 4.1 Introduction to assisting Children to apply under the EUSS 81 4.2 Common Issues 82 4.3 Case Studies 88 4.4 Additional Information: Awareness of British Citizenship for Children 97 Older people 100 5.1 Introduction to assisting older people to apply under the EUSS: 100 5.2 Common Issues 100 5.3 Case Studies 104 5.4 Additional information: British citizenship, Windrush Scheme and No Time Limit Applications 114 Persons with criminal convictions 118 6.1 Introduction to assisting persons with criminal convictions to apply under the EUSS 118 6.2 Common Issues 118 6.3 Case Studies 123 Homeless persons 133 7.1 Introduction to assisting homeless persons to apply under the EUSS 133 7.2 Common Issues 133 7.3 Case Studies 137 8. Victims of Domestic Abuse 150 3 EUSS ADVISER TRAINING – COURSE PACK 8.1 Introduction to assisting victims of domestic abuse to apply under the EUSS 150 8.2 Common Issues 151 8.3 Case Studies 155 8.4 Being aware of Retained Rights of Residence 165 9. Victims of Modern Slavery/Human Trafficking 168 9.1 Introduction to assisting victims of trafficking to apply under the EUSS 168 9.2 The National Referral Mechanism (NRM) 169 9.3 Common Issues 169 9.4 Case Studies 172 10. Persons with complex needs and disabilities 181 10.1 Introduction to assisting persons with complex needs/disabilities to apply under the EUSS 181 10.2 Common Issues 181 10.3 Case Studies 185 11. Roma community 192 11.1 Introduction to assisting the Roma community to apply under the EUSS 192 11.2 Common Issues 192 11.3 Case Studies 197 4 EUSS ADVISER TRAINING – COURSE PACK Introduction to this training manual As part of the London is Open campaign, the Mayor of London has been supporting grassroots organisations working on the frontline of the EU citizens’ rights sector since the Brexit referendum. This has included the development of the EU Londoners Hub, setting up a micro-grant scheme for groups supporting particularly vulnerable communities, and reaching thousands of European Londoners with free one-to-one legal advice on the EU Settlement Scheme (EUSS). The migrant support sector has done an incredible job in supporting vulnerable and at-risk EU, EEA and Swiss citizens secure their rights in the UK, as well as their family members. However, the months ahead are arguably the most challenging as organisations work to ensure that all who are eligible to apply through the EUSS do so. As such, it is vital that as much capacity is created in the immigration advice sector as possible. This training programme commissioned by the GLA and delivered by Here for Good is designed to support this goal. This training has been designed for four key audiences: 1) Organisations and individuals qualified to provide advice under the OISC Level 1 EUSS accreditation scheme; 2) Organisations and individuals qualified to provide advice under the OISC Level 2 or 3 accreditation schemes who do not regularly advise on EUSS cases; 3) Organisations and individuals providing frontline support to vulnerable persons, such as charities supporting victims of domestic abuse or homeless citizens; and 4) Statutory services, such as housing officers, social workers and others working with vulnerable communities. There may also be other individuals and organisations that find they benefit from this training programme. Anyone who thinks they will benefit is welcome to use these resources and attend our training sessions. The purpose of this training manual, as well as the corresponding training sessions, is to upskill the sector at large to ensure that organisations providing advice in complex cases have the greatest possible capacity to do so. By increasing organisational and individual understanding of the issues that arise when dealing with complex cases, we can: 5 EUSS ADVISER TRAINING – COURSE PACK a) Streamline referral processes, so appropriately trained advisers can spend as much time as possible advising; b) Support organisations working with vulnerable people to identify where complex issues arise, so applicants can get the appropriate support; and c) Build knowledge, so some organisations and individuals, where they desire, can gain the accreditation needed to advise on complex cases. This programme is not designed to replace official OISC training. However, it is designed to complement it, and to that end Here for Good and the Greater London Authority are working closely with the OISC and other relevant regulators. If you have any concerns about what type of advice you are able to provide, please contact your relevant regulator: • Office of the Immigration Service Commissioner (OISC) – Tel: 0345 000 0046 or email: [email protected] • Law Society Immigration and Asylum Accreditation Scheme (IASS) – Tel: 020 7320 5797 or email: [email protected] • Solicitors Regulation Authority (SRA) – Tel: 0370 606 2555 or email: [email protected] This handbook was written by Here for Good. For more information, you can visit Here for Good’s website or free online advice guide. This handbook will be regularly updated in response to the changes affecting the EU Settlement Scheme. It is currently accurate as of 26th June 2020. 6 EUSS ADVISER TRAINING – COURSE PACK 1. Introduction to the EU Settlement Scheme (‘EUSS’) Background to the scheme Following the referendum on 23rd June 2016, the UK Parliament made the decision to leave the European Union (‘EU’). On 31st January 2020, the UK officially left the EU and entered the transition period, which is due to last until 31st December 2020. During this time, the UK and the EU will continue conducting negotiations to regulate their future relationship and additional arrangements. The current rules on trade, travel, and business for the UK and EU will continue to apply during the transition period, but new immigration rules will take effect from 1st January 2021. The rights of EU, EEA and Swiss citizens (referred in this guidance as ‘EU citizens’) and their family members come from Directive 2004/38, the Citizens’ Rights Directive (also referred to as the Free Movement Directive). Free movement and the right of residence were implemented in domestic UK immigration law by the Immigration (European Economic Area) Regulations 2016 (as amended). The Regulations continue to be in force but will be repealed in due course once the Immigration and Social Security Co-ordination (EU Withdrawal) Bill is passed and brought into force, sometime on or before the end of the transition period (31st December 2020). For decades, EU citizens have had the right to stay in the UK because of European Union law. As a consequence of the decision to leave the EU, EU citizens will no longer enjoy freedom of movement in the UK. As part of the Brexit negotiations, the UK and the EU reached an agreement known as the Withdrawal Agreement (‘WA’) in order to safeguard EU citizens’ right to reside in the UK. The agreement was formally reached on 17th October 2019 and implemented into UK law as the European Union (Withdrawal Agreement) Act, which entered into force on 31st January 2020. As part of the implementation of the WA the UK Government introduced Appendix EU to the Immigration Rules, which in turn regulates the EU Settlement Scheme (‘EUSS’). A crucial element of this plan for the vast majority of the over 3.5 million EU citizens living in the UK is that they must make an application to the Home Office under the EU Settlement Scheme in order to be granted status. Failing to apply will mean that they will end up with no legal right to live and work in this country. This means that most EU citizens and their family members will have to make an application under the EUSS by 30th June 2021 (the deadline to apply) if they want to 7 EUSS ADVISER TRAINING – COURSE PACK continue living legally in the UK.