How to end homelessness for EEA nationals in the UK
At Praxis we work with a wide range of people who need support and assistance because of their immigration status. Over the past three years, we have worked extensively with people from the European Economic Area (EEA). Following the departure of the UK from the European Union, EEA nationals (and their family members) who were living in the country prior to 31st December 2020 can no longer rely on their free movement rights and must apply for leave to remain in the UK through the EU Settlement Scheme (EUSS). While this scheme has worked well for millions of those who’ve applied, we’ve seen that some have struggled to access their rights through it. People who are homeless or rough sleeping – among the most marginalised in our society – are one of the groups that has struggled the most.
The needs of people who are homeless or rough sleeping are individual to each person, but are often multiple and complex. It is with an understanding of these needs that Praxis has developed a model of immigration advice that puts the person at the heart of the process and gives them the agency to make informed decisions.
What’s happening now
Having supported more than 500 people to submit applications through the EUSS since 2019, we’ve seen that there are a number of practical barriers that prevent EEA nationals who are homeless or rough sleeping from accessing the scheme. A general lack of appreciation of the impact of Britain leaving the EU on the immigration status of EEA nationals continues to be a problem. More widespread is a lack of understanding of the process for making an application under EUSS. The often dysfunctional and disrupted lives of those who are homeless or rough sleeping makes it more difficult to maintain consistent engagement with immigration advisers. Complex needs associated with homelessness and rough sleeping, such as mental health issues and substance abuse, are sadly too common, and compound these issues. Lack of IT skills and access is an issue, both for applying and for being able to prove immigration status, such as to employers, landlords and benefits agencies, which for the EUSS is online-only. Language barriers and challenges in accessing national identity documents such as passports and ID cards, also make it more difficult for this group to access the scheme. Our caseworkers regularly support clients to overcome these barriers, working closely with a wide-range of partner housing and homelessness organisations in doing so.
Without access to immigration advice, EEA nationals facing homelessness and rough sleeping are unable to access their rights. Yet the Home Office is discontinuing funding for organisations supporting vulnerable groups with EUSS applications – even though there will be an ongoing need for advice as those granted pre-settled status will need to apply for settled status under the Scheme over the next few years. Lack of access to advice increases the risk of people ending up undocumented, which risks restarting the cycle of homelessness and marginalisation.
Trust in the Home Office remains a major barrier to engagement for some. The Home Office has put in place a process for 28-day notices to be issued to EEA nationals who have not made an application under EUSS, but are required to do so. These notices state that no enforcement action will be taken for 28 days and that people are expected to apply to the scheme during that time. The implication being, that after 28 days enforcement action is an option. It is a cause for concern that people, often unable to access immigration advice, may be further discouraged from applying due to a shift in emphasis towards enforcement. It is already clear through the limited use of, and negative publicity surrounding, the Rough Sleeping Support Service (RSSS) and the uncertainty caused by Home Office Rough Sleeping Guidance that there remains work to do to build trust between homeless communities and the Home Office.
Unfortunately, many applications become delayed and held up in slow, unresponsive and often inconsistent Home Office decision-making processes. The reasons for this aren’t always clear. All applications with pending criminal convictions seem to be delayed, even where there is no suggestion that the conviction would lead to a refusal in the application. This leaves highly marginalised individuals in limbo, unable to move forward with their lives and exacerbating the trauma of homelessness. This experience is best summarised by one of our clients who said: “This thing is on my back and it’s too heavy. I can’t make any plans because of this. […] If this is not finished soon I will end up in a mental hospital”.
What needs to change
To ensure that those at risk of homelessness and rough sleeping are able to prove their right to live in the UK and access stable routes out of homelessness, we need to see the following changes:
Expanded access to immigration advice: Being able to access independent, impartial and non-directive immigration advice is crucial for individuals’ ability to make informed decisions and regain control over their lives. Funding is urgently needed to ensure there is capacity within the immigration advice sector to meet demand – immediately for those who have not yet made an application under the EUSS; and on an ongoing basis for those who will have to apply for Settled Status at a later date.
Simplified rules: the rules which underpin the EUSS are found at Appendix EU to the Immigration Rules. These are extremely complex and require significant cross-referencing, which can prove challenging to navigate, even for experienced immigration advice practitioners.
Expedited decision making: especially for applications where criminality is an issue. There is no justification for continuing delays on cases where the criminal matter will not reach the threshold for a refusal on suitability grounds. Furthermore, there must be better communication between Home Office and the Police to ensure that information is kept up-to-date and doesn’t lead to further delays. The Home Office should be responsive to requests for updates from immigration advisers and give clarity about progress on cases.
Access to welfare benefits for those with pre-settled status: Being granted pre-settled status does not necessarily give someone a right to access public funds, irrespective of the level poverty and destitution they face. Changing the benefits regulations to give those with pre-settled status an entitlement to access public funds would provide a route out of homelessness and destitution.
Physical immigration status documents: as noted above, online-only status is problematic for people who don’t have access to the internet, or can’t use a computer. It also discourages landlords and employers from renting or giving jobs to those with status under the Scheme due to poor understanding of the rules.
The need for support for people who are homeless or rough sleeping, as well as other marginalised groups, has not diminished simply because the EUSS application deadline passed on June. These steps will help to ensure that all people can access their rights through the scheme.
Author: Dan Ashwell, Advice Services Manager
This piece is based on a presentation Dan gave at an event on ending homelessness for EEA nationals, jointly organised by the APPG on Ending Homelessness and the APPG on Immigration Law and Policy. We are grateful to Crisis for inviting Praxis to share our perspectives at this event.