Brexit: What landlords must do to check the status of their existing EU tenants

Now that Brexit is official, as a landlord you may be wondering what it means for your existing EU tenants and what is your additional responsibility.

This blog summarises the details of the UK Government EU Settlement Scheme. For full details, refer to https://www.gov.uk/settled-status-eu-citizens-families.

What is the EU Settlement Scheme?

The EU Settlement Scheme allows EU, EEA or Swiss citizens to continue living and working in the UK after 30th of June 2021. 

The scheme allows them to:

  • work in the UK
  • rent in the UK
  • use the NHS for free (if they can now)
  • enrol in education or study in the UK
  • access benefits and pensions (if they’re eligible)
  • travel in and out of the UK

When must tenants apply for the EU Settlement Scheme and how much is the application?

Your EU, EEA or Swiss citizen tenants can apply from now until the 30th of June 2021. However, they must have been living in the UK before 31st of December 2020.

It is free to apply to the EU Settlement Scheme.

Who can apply for the EU Settlement Scheme?

If they’re an EU, EEA or Swiss citizen, they and their family can apply for the EU Settlement Scheme. They can also apply if they’re the family member of an eligible person of Northern Ireland.

How to apply for the EU Settlement Scheme?

If they’re an EU, EEA, or Swiss citizen, they’ll need proof of their identity (passport or national identity card) and their residence in the UK.

What status will they receive?

If the application to the EU Settlement Scheme is successful, then they’ll be given either:

  1. Settled status – they will get settled status if they’ve lived in the UK for a continuous five-year period. They can spend up to five straight years outside the UK with a settled status without losing their status.
  • Pre-settled status – if they don’t have five years’ continuous residence when they apply, they’ll get pre-settled status. With a pre-settled status, they can spend up to two successive years outside the UK without losing their status.

If they get pre-settled status, they can apply again to change their pre-settled status to settled status, after they have lived in the UK for five straight years.

If they have children after applying for the scheme?

If they get settled status, then any children born in the UK while living here will automatically be British citizens.

If they get pre-settled status, any children born in the UK will be eligible for pre-settled status. They can only become a British citizen if their other parent is a British Citizen.

How will you know if their application is successful?

If their application is successful, they will receive a letter via email. The letter will confirm if they have received settled or pre-settled status.

However, please note that the UK Government doesn’t accept the letter as proof of status. To prove the status, they can view or share their immigration status online by sharing a code.

Your additional responsibilities as a landlord

It is your responsibility to check that your tenants (if they are EU, EEA or Swiss citizens) are have either settled status or pre-settled status. 

If they don’t have one of these statuses and do not have an indefinite leave to remain stamp in their passport, then it may be illegal to rent your property to them.

If you are unsure how to check, ask your property manager or agent to do this for you. 

At REKA Property Management, we help manage our clients’ property and ensure we let the property to the right people through our detailed vetting process.

If you want to peace of mind with your property, then call us on +44 (0) 203 286 6468 or email us at Admin@RekaProperty.co.uk

Doug 

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