The law on EEA family members
Contents:
Who is a family member and where does their right to reside come from?
The definition of EEA family member is in Regulation 7 of the EEA regulations and extended family member is in Regulation 8.
EEA family members/extended family members have a right to reside through Regulation 14(2) and/or a permanent right to reside through Regulation 15(1)(b),(d) and (f).
Who is a former family member and where does their right to reside come from?
The definition of who is an EEA former family member is in Regulation 10.
Former EEA family members have a right to reside through Regulation 14(3) and/or a permanent right to reside through Regulation 15(1)(e).
Continuation of EU family member rights after 31 December 2020
From 1 January 2021 provided that person (the family member) made an application to the EU Settlement Scheme on or before 30 June 2021 (or their late application has been accepted) his/her EEA family member rights continue as follows:
- if the decision on his/her application is still outstanding on 1 July 2021 or after then, until the day it is decided (SI 2020/1209, Regulations 4-6 for savings and modifications and regulations 11-12) for entitlement to housing and benefits); and
- after a decision, for as long as that person has EU settled status (SI 2020/1309, schedule 4 for savings and modifications).
Once that person acquires EU settled status their EU family member rights are extinguished (SI 2020/1309 sch 4 paras 1-2).
The law on rights to housing and benefits of family members
In England and Wales:
- A family member of a worker or self-employed person or the family member of person who has retained their worker/self-employed status while temporarily out of work is entitled to housing, homelessness assistance and housing benefit without any further conditions. (Regulations 4(2)(d),(e) and 6(2)(d),(e) of both the English Eligibility Regulations and the Welsh Eligibility Regulations; and Regulation 10(3B)(zb) of the Housing Benefit Regulations or 10(4A)(zb) of the equivalent regulations, if they are of state pension credit age).
- A former family member of a deceased worker or self-employed person, where the deceased lived in the UK for at least two years before their death or who died as a result of an accident at work or an occupational disease, is entitled to housing, homelessness assistance and housing benefit without any further conditions. (Regulations 4(2)(e) and 6(2)(e) of both the English Eligibility Regulations and the Welsh Eligibility Regulations; and Regulation 10(3B)(zc) of the Housing Benefit Regulations or 10(4A)(zc) of the equivalent regulations, if they are of state pension credit age).
- A family member or former family member with some other right to reside (other than as a jobseeker, a Zambrano right or initial three months) is entitled to housing, homelessness assistance and housing benefit provided they are also habitually resident. (Regulations 4(1)(a) and 6(1)(a) of both the English Eligibility Regulations and the Welsh Eligibility Regulations; and Regulation 10(2),(3),(3A) of the Housing Benefit Regulation or 10(2),(3),(4) of the equivalent regulations, if they are of state pension credit age).
In Scotland:
- Any family member or former family member who has any kind of right to reside is entitled to housing and homelessness assistance without any further conditions because they are 'not subject to immigration control' (sections 118(1),(6) and 119(1),(4) of the Immigration and Asylum Act 1999 and schedule 2 paragraph 1(1) of the EEA Regulations).
- A family member of a worker or self-employed person or the family member of person who has retained their worker/self-employed status while temporarily out of work is entitled to housing benefit without any further conditions. (Regulation 10(3B)(zb) of the Housing Benefit Regulations or 10(4A)(zb) of the equivalent regulations, if they are of state pension credit age).
- A former family member of a deceased worker or self-employed person, where the deceased lived in the UK for at least two years before their death or who died as a result of an accident at work or an occupational disease, is entitled to housing benefit without any further conditions. (Regulation 10(3B)(zc) of the Housing Benefit Regulations or 10(4A)(zc) of the equivalent regulations, if they are of state pension credit age).
- A family member or former family member with some other right to reside (other than as a jobseeker, a Zambrano right or initial three months) is entitled to housing benefit provided they are also habitually resident. (Regulation 10(2),(3),(3A) of the Housing Benefit Regulation or 10(2),(3),(4) of the equivalent regulations, if they are of state pension credit age).
