LONDON \u2014 EU nationals rejected for government support after the coronavirus hit say the U.K. government isn\u2019t playing fair.<\/p>\n
The coronavirus means an increasing number of EU citizens living in Britain are applying for British benefits for the first time, as many find themselves out of work or with a drastically reduced income.\u00a0Under the Withdrawal Agreement signed with the European Union as part of the Brexit process, the U.K. government committed to preserving\u00a0the rights of any EU citizen in Britain when the country left the bloc at the end of January 2020, promising to treat them equally to Brits.<\/p>\n
But those who have lived in Britain less than five years \u2014 and have been granted pre-settled status under the government\u2019s EU Settlement Scheme \u2014 are discovering that they are not automatically entitled to Universal Credit, a means-tested benefit for those out of work or in low-paid jobs. Many are also being rejected despite apparently meeting the criteria, said Maurizzio Rodorigo, managing director at the Italian Advice Centre in Islington, London.<\/p>\n
The issue, according to Rodorigo, is the so-called right to reside requirement. This stipulates EU migrants who have lived in the U.K. less than five years must prove they are looking for work, are self-employed, a jobseeker or a student, or have sufficient resources to support themselves and their families.<\/p>\n
As of the end of March, nearly 1.3 million Europeans had been granted pre-settled status by the U.K. government and so could be at risk of not qualifying for support during the pandemic. EU nationals with settled status \u2014 those who can prove they have been in the U.K. for more than five years \u2014 are not subject to that requirement and so would be entitled to government support.<\/p>\n
\u201cPeople with pre-settled status are not automatically entitled to get work benefits,\u201d Rodorigo said. \u201cThese days we have many Italians calling us because they have lost their jobs or they were on zero-hour contracts and are not working and do not have any income. They meet the income requirements to apply for benefits but many of these applications are being rejected.\u201d<\/p>\n
In April, The3million, a group that campaigns for the rights of EU citizens in Britain, wrote a letter to Home Secretary Priti Patel and the Pensions Secretary Th\u00e9r\u00e8se Coffey saying those with pre-settled status are not receiving equal treatment to U.K. nationals and EU citizens with settled status, and accusing the U.K. of failing to implement the Withdrawal Agreement.<\/p>\n
However, the government insists they are protecting the rights of all EU citizens and that the additional requirement for EU citizens who have only recently come to Britain has always been in the rules.<\/p>\n
\u201cBy applying to the EU Settlement Scheme, EU citizens living in the U.K. will be able to work, study and access benefits and services in the U.K. on at least the same basis as they do now,\u201d a spokesperson said.<\/p>\n
The pandemic, however, has shone a light on this difference since so many now worry about their jobs.<\/p>\n
The different treatment is legal, experts say, because the Brexit deal relies on pre-existing EU legislation. Specifically, the EU Free Movement Directive 2004\u00a0leaves it to member countries to design their own social security systems.<\/p>\n
The British government introduced the \u201cright to reside\u201d requirement in 2004, the same year in which 10 European countries joined the EU, as it worried that the EU\u2019s enlargement would prompt people to attempt to cash in on U.K. benefits.<\/p>\n
The European Commission later challenged the U.K. requirement on the basis that it is discriminatory because British people are not subject to it. But in 2016, in a case concerning family benefits, the Court of Justice of the EU ruled it was lawful for the U.K. to withhold benefits to EU migrants who do not have the \u201cright to reside\u201d in the U.K.<\/p>\n
During Brexit negotiations, Theresa May agreed that EU citizens who had been in the country longer than five years would not be subject to the \u201cright to reside\u201d requirement, as they were equivalent to permanent residents, but it continued to apply to more recent arrivals.<\/p>\n
This difference wasn\u2019t much noticed at the time because the majority of these new arrivals has jobs. Now that the pandemic has put their employment at risk, this inconsistency feels unfair to many.<\/p>\n
Daniela Tasco, who came to the U.K. in 2015, has worked as a shopkeeper, cleaner, waiter and a nanny. Her last job finished on January 15 and she was about to start a new one as a barista when the lockdown forced the closure of coffee shops, just before she could sign her new contract.<\/p>\n
Tasco holds pre-settled status, is registered as a jobseeker and applied for Universal Credit in March, but the Department of Work and Pensions rejected her application saying she had \u201cfailed the habitual residence test\u201d \u2014 which includes the \u201cright to reside\u201d requirement. The DWP told her the status of \u201cjobseeker\u201d does not qualify her for Universal Credit.<\/p>\n
\u201cI\u2019m a bit worried,\u201d she said. \u201cI was thinking of going back to Italy. I don\u2019t want to be doing nothing and be receiving money. But neither do I want to leave the U.K.\u201d<\/p>\n
Przemyslaw Kwiatkowski, a self-employed Pole with pre-settled status, also had his application for Universal Credit rejected on the basis he did not meet the \u201cright to reside\u201d requirement, but challenged the DWP decision and managed to get the decision reversed.<\/p>\n
Meanwhile, those with the poorest English are struggling to navigate the DWP website, particularly problematic since job centers have closed during lockdown and so applicants can no longer prove they are economically active by showing officials relevant documents rather than answering an online questionnaire.<\/p>\n
\u201cAs was the case before we left the EU, those who do not have settled status \u2026 or the equivalent right of permanent residence here under EU law, do not have full access to the benefits system on the same basis as a U.K. national,\u201d Minister for Future Borders and Immigration Kevin Foster wrote in a letter to Here for Good, an organization that offers free post-Brexit immigration advice, written this month and seen by POLITICO.<\/p>\n
Maike Bohn, co-founder of The3million, urged the British government \u201cto remove all bureaucratic hurdles for EU citizens.\u201d<\/p>\n
\u201cPeople aren\u2019t able to get the help they need, including benefits. That is so important in times of crisis like COVID-19 where families are facing great hardship,\u201d she said.<\/p>\n
Are you a professional following the impact of Brexit on your industry? Brexit Transition Pro, our premium service for professionals, helps you navigate the policy, and regulatory changes to come. Email pro@politico.eu to request a trial.<\/em><\/p><\/p>\n","protected":false},"excerpt":{"rendered":" LONDON \u2014 EU nationals rejected for government support after the coronavirus hit say the U.K. government isn\u2019t playing fair. The coronavirus means an increasing number of EU citizens living in Britain are applying for British benefits for the first time, as many find themselves out of work or with a drastically reduced income.\u00a0Under the Withdrawal … <\/p>\n