Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to the regulations for pending applications after the deadline for the EU Settlement Scheme (EUSS), for what reason someone who submitted their EUSS application before the deadline, but are still waiting for a decision after the deadline passes, must additionally demonstrate that they were exercising a right to reside under the EEA regulations 2016 immediately before IP completion day of 31 December 2020 to continue to have a right to work, rent or access welfare benefits; and whether that requirement means that those EEA nationals are being treated differently as a result of the length of time her Department takes to finish processing their application.

From 1 July, right to work and right to rent checks will change and EEA citizens will be required to demonstrate eligibility through evidence of their immigration status, rather than their nationality.

EEA citizens who make a successful application to the EU Settlement Scheme (EUSS) are provided with digital evidence of their immigration status, which they can access and share online.

EEA citizens who have submitted a valid EUSS application by 30 June will be issued with a Certificate of Application. Pending the outcome of their application, they will be able to rely on their Certificate of Application as proof of eligibility to access their right to work or rent when this is verified by the Home Office employer and landlord checking services. The Department for Work and Pensions and HM Revenue & Customs will also be able to determine an individual’s status with the Home Office using existing services.

Consistent with the Citizens’ Rights Agreements, the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 protect the EU law rights held at the end of the transition period of a person who has made an application to the EUSS by the 30 June deadline, pending the outcome of the application (and of any appeal against the decision).