This is another part of the nightmare of the outrageous treatment dispensed to the EEA family members waiting for the residence card. There are not tenant's checks yet, except in the West Midlands. The tenant's right to rent will be verify from February 2016 by all landlords according to the xenophobic legislation of the actual government that is going to transform landlords in improvised immigration officers.tommy16013 wrote:Hello everyone,
I am EU national and my girfriend is non EU national currently living in London togheter for more than 2 years after i have been relocated from my previous work,
I do work and she finished her Master here in UK few months ago.
Her timeline is:
Application sent on 5/09
Biometric 18/9
Certificate of Apllication 30/10
Residence Card Pending
Now we are in a weird situation:
We would like to change house but since she is waiting her Residence Card, her checks for renting are automatically rejected. The Certificate of Apllication is not enough for letting agencies and as couple i also become automatically non elegible for rent.
Now this is quite funny, we cant leave the country because our passports are processing with all the documents and at the same time we cannot rent any proprety in London.
I don't know if anyone is in a similar situation but in my opinion this goes againt the basic Human rights. Let's pretend our current landlord kick us out the current property. That means for the British law that we can live without a house.
If anyone has any tips/lawyer experience please reply!
Thanks!
Tom
I am at the same situation. I suggest you to try to stay where you are, they can't ask you to leave the flat on the grounds of your EEA family member's lack of residence card. (In fact the residence card only confirms the previously acquired right but that is something they will not understand).
The Certificate of Application should be enough proof according to the same HO to allow you to rent a property, they will implement a telephone number where the landlords or letting agencies will be able to verify the tenant's right to rent, but from February 2016 as I've said before. They must not reject you because if would be "unlawful discrimination" when conducting right to rent check.
They alternatives you've got are
1) To write to the Home Office asking them if the CoA is enough for your couple to rent a flat, try to do so by normal mail so they can send you a formal letter (this is difficult because the answer will take time and possibly they won't answer). The letter will be your support in case of unlawful discrimination from letting agencies or landlords, because HO will explain that she's got the right to rent while she's awaiting the residence card.
2) Send an email to HO public enquiry, (will take 20 days to answer and sometimes they won't answer), the email will explain the validity of the CoA in order to rent property.
3) Tell the prospective landlord or letting agency to request a right to rent check through the eform from the HO:
https://eforms.homeoffice.gov.uk/outrea ... ation.ofml
HO will answer with a yes or no about the right to rent. Using the Case ID or Reference Number would be enough to verify the CoA and to state that she can or not rent.
Here you can find more information about this matter:
https://www.gov.uk/check-tenant-right-to-rent-documents
https://www.gov.uk/government/news/righ ... in-england
https://www.gov.uk/government/publicati ... f-practice
I hope this helps you.
Best Regards,
James
Call yourself
