ARE YOU EU AND EEA NATIONALS AND HOMELESS? What you … homeless leaflet.pdf · registered as a...
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1 ARE YOU EU AND EEA NATIONALS AND HOMELESS? What you need to do East Cambridgeshire District Council www.eastcambs.gov.uk Large Print, CD and other formats are available on request If you need this leaflet to be translated in your language, please contact us on: 01353 665555 Polish Jeżeli potrzebują Państwo tę ulotkę w języku polskim, prosimy o kontakt Portuguese se você precisa este folheto a ser traduzida na sua língua, por favor entre em contato conosco
Transcript of ARE YOU EU AND EEA NATIONALS AND HOMELESS? What you … homeless leaflet.pdf · registered as a...
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ARE YOU EU AND EEA NATIONALS
AND HOMELESS?
What you need to do
East Cambridgeshire District Council www.eastcambs.gov.uk
Large Print, CD and other formats are available on request
If you need this leaflet to be translated in your language, please contact us on: 01353 665555
Polish Jeżeli potrzebują Państwo tę ulotkę w języku polskim, prosimy o kontakt
Portuguese se você precisa este folheto a ser traduzida na sua língua, por favor entre em contato conosco
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Which countries are EEA and A2 countries?
EEA stands for European Economic Area. Created in 1994, the EEA combines the countries of the European Union and member countries of EFTA (European Trade Association).
Countries that belong to the EEA are: Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Countries that are EEA member countries but NOT part of the European Union are: Norway, Iceland, and Liechtenstein.
A2 nationals are citizens of Bulgaria and Romania, which joined the EU in 2007.
What are my basic rights as a EEA national in UK? People from the European Union (EU) and the European Economic Area (EEA) may be able to get help from the council if they become homeless. However, your rights will depend on when your home country joined the EU/EEA.
Your rights to work, claim benefits and apply for social housing social will also depend on which EU/EEA country you came to the UK from.
All European national with citizenship of an EU or EEA country have an automatic right to live in the UK for three months after arriving in the UK.
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What are my rights if I have been working in UK for more than three months?
Workers from most EU and EEA countries are entitled to apply for help with housing and benefits, but there are restrictions if you are from Bulgaria or Romania (known as the A2 countries).
Workers and their family members have the right to:
Apply for social housing Get help from the council if they become homeless Claim welfare benefits, including housing benefit
This applies even if you are:
A worker who is no longer living in the UK, but your children are under the age of 18 and still at school in the UK, or
The partner/spouse or former partner/spouse of the worker, if you are responsible for those children.
If you are not working during your first three months in the UK you will not be eligible to the above rights.
Am I still considered as a worker if I lost my job?
If you are a citizen of any EEA/EU country apart from the two A2 countries of Bulgaria and Romania, you will have rights as a ‘worker’ if you:
Are currently employed
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Are temporarily unable to work because of sickness or an accident
Were working for at least one year and are now registered as a jobseeker
Were in work but are now in vocational training (although if you have voluntarily given up your job to do vocational training, the course must be related to your former job for you to qualify).
If you are a worker but have lost your job, and you have worked for less than one year, you will remain a ‘worker’ for six months after losing your job, as long as you are registered as a jobseeker.
Does my family have the same right as me?
Close family members who live with an EU national have the same rights. The following relatives should be accepted as family members:
A husband, wife or registered civil partner. Children (your own or your spouse/partner’s)
who are under 21 years old. Children (your own or your spouse/partner’s)
who are over 21 years old and still dependent on you.
Other dependent relatives (which could include a long-term partner you are not married to, parents or grandparents).
Former partners, regardless of their immigration status, will retain these rights if they are responsible for children who are under 18 and remain in education in the UK.
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You might be asked to provide proof of a relationship. If you are making a homeless application or claiming housing benefit you should take along any documents that prove your relationship. This might include passport, birth, adoption or marriage certificates.
What if I am from Bulgaria or Romania (known as the A2 countries)?
If you are a Bulgarian or Romania national, you will normally only have rights as a ‘worker’ if you are currently employed. If you lose your job (or stop working for other reasons) within the first 12 months of working in the UK, you will stop being eligible for homelessness help from the Council, the right to apply for social housing or UK benefits.
This will be the case even if:
You are looking for a job You have lost your job through no fault of your
own You lost your job because you are ill
There are some exceptions to this rule, however, so it’s always best to talk to a housing adviser if you stop working within the first 12 months of arriving in the UK.
Be aware that if you are not entitled to any benefits or homeless assistance from the Council and need emergency accommodation, you may have to find a night shelter that does not charge because most hostels for the homeless accept only people on benefits and will not accept to accommodate you.
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If you have been authorised and working without interruption for 12 months you will normally gain full worker rights. (You cannot be out of work for more than 30 days during the 12 months).
After this period, you will gain the same rights as other EEA/EU nationals and no longer have to register with the Home Office. You rights to apply as homeless apply for social housing and claim benefits will be the same as any other worker from the EU.
What if I am Self employed A2 national?
If you are Bulgarian or Romanian national who is self-employed in the UK, you do not need to register with the Worker Authorisation Scheme. However, you should register with HM revenue and Customs.
If you are self employed, you can: Apply for social housing Apply for help from the Council if you becomes
homeless Apply for welfare benefits
If you are self employed and temporary unable to work because of sickness or an accident, you continue to have these rights
From 2014, all Bulgarian and Romanian nationals will have the same rights as EEA/EU nationals with full rights. The extra need to register under the Workers Authorisation schemes finishes at the end of 2013.
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Now, if I am entitled to assistance from the Council, which help I can get if I am homeless?
The kind of help that the council has to give you depends on your individual situation. You can ask Council housing services for help if you’ve nowhere to stay or are likely to lose your home in the next 28 days. The Council is legally required to give you advice and help to find a place to live.
If you are homeless and ask the Council for help, we have to follow special procedures. This is what should happen:
You come to us to make an application A housing advisor will interview you and will take
all the details of your circumstances and allow you to explain how you have become homeless
A housing advisor may give you advice and assistance to help you avoid losing your home (this may include helping you negotiate with your landlord or mortgage lender)
A housing advisor may give you advice about finding somewhere else to live
You may be offered emergency accommodation while we make our enquiries if we believe you may be legally classed as homeless, eligible for assistance and in priority need
We may have to protect your belongings while you are in temporary accommodation
We complete our enquiries and make a decision We will give you our decision in writing about
whether you are entitled to help or not. The letter must either be sent to you or left at council offices for you to collect
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If you don’t have a local connection, you may be sent to another council for help
If the council has decided that it can’t help, the letter must explain the reasons why. It must inform you that you can ask for a review of the decision. If you want to request a review, get advice, the procedure can be complex and you have to ask for a review within 21 days of receiving the decision letter
If you are accepted as homeless, you may be offered longer term temporary accommodation and may eventually be offered settled accommodation in a housing association or in private rented accommodation
If you are not accepted as homeless, your temporary accommodation will end
If you are likely to become homeless but not within the next 28 days, the council probably won’t accept a homeless application
To put in the appropriate place: If the council agrees they have a legal responsibility to provide temporary accommodation for you, you are allowed to stay in that accommodation until you are able to move somewhere more settled. You may be able to find somewhere yourself. If you can’t, the Council may be able to offer an assured tenancy with a housing association or a private landlord.
If you refuse an offer that the council believes is suitable for you, you will probably have to leave your temporary accommodation and the council won’t have to give you any more help.
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This is only a brief overview of your broad and
restricted rights to access help and assistance from
the Council. Please seek advice from Housing
Services or other advice centres for more details on
your rights
What other legislations or guidance the officer must follow when assessing an application?
The investigation process into a homeless application is not a simple one. There are many pieces of legislation that impact on the homeless investigation process, including:
Housing Act 1996 Part VII amended by the Homelessness Act 2002
Homeless Code and Guidance
Housing Act 1985, 1988, 1996
Protection from Eviction 1977
Family Law Act
Children’s Act 1989
Immigration and Asylum Act
The Homelessness Code of Guidance for Local
Authorities (July 2006)
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Allocation of Accommodation: Guidance for Local Authorities in England – 2012
The Allocations of Housing and Homelessness
(Eligibility) (England) Regulations 2006
Case Law
Mental Health Act Human Rights Act
East Cambridgeshire District Council
Homelessness Strategy 2013-2016
Localism Act 2011
How to contact us You can contact us in any of the following ways:
By visiting our office East Cambridgeshire District Council The Grange Nutholt Lane Ely CB7 4EE
By phone 01353 665555
By email [email protected]
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By writing to us Housing Services East Cambridgeshire District Council The Grange Nutholt Lane Ely CB7 4EE
In emergencies If you need to contact us outside of office hours in an emergency, please call: 07710978900 Complaint If you need to complain, please use our separate “complaints” leaflet. You can get a copy from our office.
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Advice from other sources You may wish to take independent advice regarding your housing circumstances or on your homeless application: Citizens Advice Bureau 70 Market Street Ely CB7 ALS T: 0844 2451292 (Landline) 0300 300 650 (Mobile) Shelter 88 Old Street London EC1V 9HU Free housing advice helpline T: 0808 800 4444 The AIRE Centre This service provides free specialist legal advice and other legal services (including making benefits applications or applications to the UK Border Agency, or making applications to the European Court of Human Rights) on European law issues. Their address is: Third Floor, 17 Red Lion Square, London. WC1 R4QH T: 020 7831 4276 E-mail: [email protected]
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East European Advice Centre (EEAC) This service aims to help socially and economically disadvantaged people of East European origin in their efforts to settle in the UK. EEAC does this by providing free and impartial information and advice and by promoting and enhancing their social welfare. Their address is: Room 18, 238 -246 King Street London W6 ORF T: 0208 741 1288 Barka Barka UK operates a free information and confidentiality telephone line for the citizens of Central and Eastern Europe. Free telephone line number is open from 9.00 - 14.00 (Monday, Tuesday, Thursday, Friday). The service is provided in: Polish, Russian, and English languages. Please call the free number at 0800 171 2926 Cambridge Racial Incident Support Project (CRISP)
This service offers skilled team members who can
provide emotional and practical support.
Their address is: 62-64 Victoria Road. Cambridge. CB4
3DU
T: (01223) 462615
Email: [email protected]
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