'Brexit' - latest developments
Revised guidance will appear on the site as regulations change - and the main points will be included here in 'What's new?'
The government has published a white paper which has separate sections on immigration copntrols and on EU nationals resident in the UK. On immigration controls, it says:
'Implementing any new immigration arrangements for EU nationals and the support they receive will be complex and Parliament will have an important role in considering these matters further. There may be a phased process of implementation to prepare for the new arrangements. This would give businesses and individuals enough time to plan and prepare for those new arrangements.'
Post-Brexit guidance for European nationals resident in the UK
It is therefore likely to be some time time before there are official decisions on the immigration status of European nationals already in the UK, post-Brexit. In the meantime, here are some useful links:
- the government's July 2016 statement on the status of EU nationals in the UK
- easily understood guidance (pdf) from the Aire Centre
- a video of an expert question and answer session on how Brexit affects EU nationals
- the Home Office's online residence certificate and permanent residence certificate application processes and accompanying European passport return service, is explained in this Free Movement video
- a factsheet on the legal rights of EU nationals currently living in the UK, written by Colin Yeo, is published by Jean Lambert MEP
- a Q&A podcast from Free Movement responds to readers' questions
- a free set of e-book guides, aimed at different types of EU or EEA national who may want to apply for residence documents in the UK
- a report calling for an April 2017 cut-off date for EU residents to be eligible for permanent settlement, and a streamlined application procedure, has been published by British Futures.
- the ILPA has a series of articles looking at post-Brexit immigration policy, including a detailed review of the right to remain for EU nationals.
Need for EU nationals to have comprehensive sickness insurance
A post on the Free Movement website explains why EU nationals already resident in the UK may need sickness insurance if they want to establish their right of residence. The issue is also covered (among others) in a podcast of Brexit questions and answers.
Effects of Brexit on migration, housing need and housing entitlements
'Right to rent' checks in the private rented sector
Document checks now have to be carried out on all applicants for a new tenancy. The rules apply only in England but may be extended to Wales, Scotland and Northern Ireland later. See the page on renting from a private landlord for basic information and the page on advising migrants looking for accommodation for more detail. From 1st December 2016, landlords who fail to make proper checks may be subject to criminal proceedings.
The Joint Council for the Welfare of Immigrants (JCWI) has identified misleading advice on house guests in the Home Office guidance. It implies (section 3.5) that house guests' documents may have to be checked if they pay rent or if they do not have another main home. The latter point is incorrect. This applies equally to all 'hosting' arrangements or any similar schemes where no rent or equivalent is paid: they are not covered by the right to rent provisions now and will not be in December when new, strengthened provisions come into effect.
Document checks by housing associations under the 'right to rent' in England
Detailed information is on the new page Housing associations and 'right to rent' document checks.
Eligibility for those with limited leave to remain
New rules apply in England from October 30th, for certain people with limited leave. They are explained in detail on the page on the law on housing eligibility. If there are similar changes in Wales or Scotland, they will be posted on the site when they occur. The page includes a link to a consolidated version of the English regulations.
The Home Office is running a special scheme to assist Syrian refugees currently living in refugee camps. The LGA has published a guide for local authorities. Read about ways in which your organisation can help Syrian refugees in this CIH blog and also in this NHF briefing. In Scotland, look at the Scotland Welcomes Refugees website.
If you spot anything else that needs updating, do please let us know - click Feedback to get in touch.
Below are recent publications for housing advisers which will be added to the site on the pages on 'What other organisations can help' or 'Other information for advisers', according to whether they are relevant to England or Scotland, or both.
JCWI research on 'right to rent' checks
New research one year after their roll-out across England shows the problems being caused by document checks in the private rented sector.
Update on the Syrian resettlement programme
A new briefing (February 2017) from the House of Commons Library.
Web-based tool to help destitute migrants
NRPF have launched a tool for local authorities and advisers, to help find out entitlements for different types of destitute migrant.
New guide for housing staff working with refugee communities in Scotland
The Scottish Refugee Council has (with support from CIH) published A Housing Practitioners' Guide to Integrating Asylum Seekers and Refugees (pdf).
'Right to rent' document checks and English housing associations
CIH has published a What you need to know summarising how 'right to rent' affects housing associations.
Immigration Act 2016 - a Home Office briefing
The Immigration Act 2016, which increases the penalties for failing to do document checks under the 'right to rent', is now in force. The Home Office has published a briefing on how it will affect residential tenancies in England.
Removal of EEA rough sleepers
The Home Office has issued guidance on the process for the administrative removal of a European Economic Area (EEA) national, or a family member of an EEA national.
Welsh code of guidance on allocations and homelessness
The Welsh Government has published a revised Code of Guidance to Local Authorities on the Allocation of Accommodation and Homelessness, 2016
JCWI toolkit on 'right to rent'
JCWI have a toolkit which includes a detailed guide and a flowchart for tenants and for those advising tenants, in the private rented sector.
LASA website with information on local advice services
LASA has a website in which you enter a postcode to find the local social services department and other relevant advice services, shown on a local map.
We welcome suggestions for updating the guidance on the Housing Rights website and for including links to relevant new sources of guidance or information.
Please email firstname.lastname@example.org with any suggestions, making clear your message refers to this website.