As discussed in our previous blog on this topic, in October 2020, the Home Office announced changes to the Immigration Rules to make rough sleeping a ground for refusal or cancellation of permission to stay in the UK. These changes came into force on 1 December 2020 but the Home Office confirmed that the new Rules will not be enforced until official Home Office guidance is published.
Even though these changes do not apply to applications made under the EU Settlement Scheme (EUSS), they have created some level of confusion and concern amongst frontline homelessness workers, particularly in relation to their EU clients who have not yet made an application under the EU Settlement Scheme. This is because the “grace period regulations” (which are in force during the grace period 01 January 2021-30 June 2021) confirm that the regulations only preserve the right of residence of EU nationals and their family members, who have not yet applied under the EUSS and were lawfully resident in the UK (i.e. exercising treaty rights) before the end of the transition period (11pm on 31/12/2020).
With the aim of providing some level of reassurance and clarity to those working with EU homeless individuals, Bindmans LLP, Here for Good and the Public Interest Law Centre (PILC) have developed a short briefing with useful information and advice on the above topics. You can find their briefing here.