Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the oral contribution of 6 February 2019 by the hon. Member for Ipswich, whether the Home Office guidance in respect of the EEA E10 residence card will be altered to allow spouses of British citizens who obtained their E10 card in other EEA countries to benefit from the tenancy of properties in the UK.

Article 10 residence cards issued by other EEA member states help to demonstrate a right of entry into the UK for a third country national family member of an EEA citizen, or the family member of a British citizen who has previously been exercising EU Treaty rights in another EEA member state. However, these cards do not provide conclusive evidence that the person has a right to reside in the UK for the purpose of statutory eligibility checks within the UK, including those conducted by landlords and lettings agents. We will review our guidance to landlords and lettings agents to ensure they have clarity on how to establish the status of prospective tenants in these circumstances.

The simplest and most effective way for a non-EEA family member to demonstrate their entitlement to a wide range of services and benefits when they are resident in the UK is to apply for a UK residence card. Once a residence card application is submitted to the Home Office, a landlord or employer can confirm the person’s right to rent or work in the UK by using the Home Office Checking Service, whilst the application is pending; confirmation is provided within two working days enabling landlords or employers to comply with statutory checks required by immigration law.