Do you house non-British nationals?
Homelessness legislation, as described above, applies to EEA nationals. In addition, supplementary laws and directives have been introduced for more recent EEA members.
The following are EEA member states. A8 Nationals joined in May 2004 and A2 Nationals joined in January 2007. Different rules apply to A8 and A2 citizens presenting as homeless, as described below.
EEA Nationals: Austria, Belgium, Republic of Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Liechtenstein, Malta, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland (not an EEA state but entitled to equal treatment under EU law), United Kingdom.
A8 Nationals: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovak Republic, Slovenia.
A2 Nationals: Bulgaria, Romania.
In order to have right of access to homelessness services, EEA nationals are generally required to be in employment, self-employed, or actively seeking and available for work. There is no requirement for applicants from EEA (i.e. non-A8 and non-A2) states to register under the Workers Registration Scheme.
In addition to the above paragraph, A8 nationals are also required, within one month of taking up employment, to register with the government's Workers Registration Scheme (WRS). On doing so they will receive a registration card and a certificate. They must complete 12 months registration during which time they can change employer, but must re-register with each new employer. An individual is allowed a total aggregate break of 30 days between employers during a 12 month period. At the end of their 12 month registration period, A8 nationals qualify for the same rights as EEA nationals described above. An employee does not have to complete 12 months registration before applying as homeless. Provided they are on the WRS they can apply to the Council as homeless. Self-employed A8 nationals must satisfy Aberdeen City Council of their employment status before being accepted as homeless. An unemployed A8 national must have completed their 12 months registration period, must be actively seeking and available for work in order to qualify for accommodation under homelessness legislation.
Romanian and Bulgarian citizens, A2 nationals, are free to enter and travel in the UK, but are subject to work restrictions, requiring a work permit. This can be issued as an Accession Worker Card, which is linked to a specific job. Alternatively they may seek employment under the Seasonal Agricultural Workers Scheme (SAWS). Those in possession of an Accession Worker Card may apply to the Council as homeless. However, there is an expectation that seasonal workers, subject to SAWS, will be found accommodation by their employer.
The above information relating to non-UK nationals is under review and may change.
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