Benefits advice for claimants arriving from overseas

NEXT WORKSHOP:

Tuesday, 17th June, 2025.

Full-Day Workshop: (9:40 - 4:30)  

Workshop Fee:  £270   (No VAT)

 Book 3 places and receive a 4th place FREE.

Also available for In-House Bookings for individual organisations, either On-Site or Online. 

A Guide To Means Tested Benefits Advice For Claimants Arriving From Overseas

HB, CTR, UC & Other Social Entitlements For Non-British / Irish Nationals

The comprehensive information pack provided includes a quick-reference Desk Aid comprising flowcharts – an important tool that is being regularly updated as rules change (as they very often do in this area of benefits!), so delegates attending this course can be assured that they have the very latest and most up-to-date version.

Traditionally, benefit claims and applications for other social entitlements, such as homelessness assistance, have been regulated by two separate mechanisms, depending which part of the world the claimant/applicant is from:

• The Habitual Residence / Right To Reside test has traditionally affected European claimants from the EEA and their family members.
• The Immigration Status test has never affected EEA Nationals or their family members and has been used to control entitlement for people from the rest of the world.

But now the Right to Reside test in its traditional form only applies to a dwindling cohort of EEA nationals and their family members with “Pre-Settled Status” under the EU settlement scheme – this group is affected by the Supreme Court’s decision in the AT case – full details included. As members of this cohort steadily upgrade to “Settled Status” after five years’ continuous UK residence, the significance of the old EEA Right to Reside test diminishes. Entitlement to benefits and other social entitlements now relies much more heavily on the Immigration Status test. The Workshop will look at how the immigration status test works for claimants from anywhere in the world – EEA or elsewhere: What kind of status does and does not allow a person to claim benefits? We will also deal with the effect of social treaties (CESC/ECSMA) to which the UK is still a party along with most of the EEA countries. Frequently asked questions relevant to immigration status include:

• Delegates might have noticed that most physical immigration documents expired on 31/12/2024, and claimants now have (or are in the process of obtaining) an electronic certificate known as an e-visa. We will consider how to identify a person’s immigration status from an e-visa 
• Rules for people whose limited leave has run out and who have an application pending for further leave;
• Special rules for people fleeing conflicts in Afghanistan, Ukraine, Sudan and most recently, people leaving Israel, Lebanon and the Palestinian Territories since the outbreak of war in October 2023;
• A very frequently asked question: what about couples with different immigration statuses, including mixed-age couples? 
• People entering the UK through informal/clandestine routes;
• Integration of newly recognised refugees.

Europeans and their family members already living in the UK by the end of 2020 can still rely on EEA rights of residence to obtain benefits if they have obtained or applied for leave to enter/remain in the UK under the EU settlement scheme. We will consider: 

• Who was eligible to apply under the Settlement Scheme?
• How the outcome of the application affects entitlement to benefits:

                    o Settled status (indefinite leave);

                    o “Pre-settled” status (limited leave) – including the AT line of cases now decided by the Supreme Court;

                    o Application rejected.

• And what happens to EEA Nationals and their family members who did not apply for settled status before the 30 June 2021 deadline, but have since had late applications accepted?
• Refresher overview of EEA rights of residence for those still relying on them – including the very latest from the Upper Tribunal about having a right to reside as a self-sufficient person;

Presented by Peter Barker, a hugely experienced trainer, appeals presenter and submission writer. For many years he has been one of the most knowledgeable and experienced trainers in this topic. A fact-filled Workshop covering all the most up-to-date rules, for which is clearly going to be a very full and information packed day!  

Topics Covered:

Overview Of Rules For Non-British / Irish Claimants

•  Immigration status;
•  Habitual residence and the right to reside;

Immigration Status And Benefits    

• “Persons subject to immigration control”;
• Identifying the customer’s immigration status from documents in the age of electronic certificates
• Couples with “mixed” immigration status
• NINOs – when required and when not required
• Understanding leave to enter and leave to remain;
• CESC/ECSMA nationals before and after Brexit;
• Afghanistan, Ukraine and Sudan schemes;
• New rules for people leaving Middle East since October 2023;
• Other asylum seekers and irregular arrivals: How people without access to benefits are maintained and accommodated;
• Refugee integration: When a former asylum seeker becomes entitled to mainstream benefits.

Transitional Arrangements For EEA Nationals  

• Preservation of EEA residence rights for pre-2021 residents and their family members;
• Who belongs to this group?
• Effect on benefit entitlement;
• Late applications;
• The decision of the Supreme Court case  about the rights of EU citizens with pre-settled status. 

EEA Rights Of Residence  

• Refresher and overview:

                    o  EEA Nationals;

                    o  Family members;

                    o  Derivative rights of residence.

• Case law update (including new decision on self-sufficiency).

We continuously monitor new case law and amendments to the Regulations affecting this topic: The programme on the day will be adjusted to include any new developments occurring to the point we print the workshop notes!

Contact us for In-House/'Zoom/TEAMS' booking information on a range of programmes for this topic.  

We are always pleased to arrange most of our Workshops, such as this one, for staff from an individual organisation to be held at their own training venue or by Zoom/TEAMS. Please email us with your requirements for details.