Help To Buy Scheme - Equity Loan Route Help

namiku

Hi All,

I am trying to get some help in clarifying applicant eligibility for the government funded Help to Buy scheme.

I have not been able to obtain the relevant legislation however after looking at the Budget 2013 page 38-39, I was unable to find any residence specification on eligibility for the scheme.

I am particularly interested in applicants residence requirements for the scheme.

I have been looking at the application forms of different Help to Buy government appointed agents and the following criteria applies for each applicant:

- UK National
- EEA Citizen
- Person with indefinite leave to remain
- Other - (not sure what this refers to)

Under European Treaty Law non-EEA Nationals have the right of residence in the UK if they are family members of an EEA National. Family members are classed as spouse, dependent children under 21 and parents if dependent on the EEA National. To confirm this right, the non-EEA nationals are issued with an EEA Family Permit from the UK Border Agency which is valid for 5 years from the date of issue. After this period of 5 years, again under European Treaty rights they are issued with a Permanent Residence card with no time restriction. This is not indefinite leave to remain but a permanent residence issued under EEA law.

While EEA nationals themselves are allowed to apply for the scheme, according to the forms issued by the government appointed agents they would not be able to do so with their husband or wife if they are a non-EEA national despite having the right to reside in the UK whether with an initial 5 year EEA family permit or with a Permanent Residence card. I am wondering whether this criteria, enforced by the government or the agents themselves, discriminates against the EEA Nationals right to a family life and home?

Also would anyone be able to point me towards the relevant legislation/government advice, if any, that outlines the applicants residence criteria?

Any help in clarifying this is greatly appreciated.

Thanks in advance.

reapz69

namiku wrote: »

Hi All,

I am trying to get some help in clarifying applicant eligibility for the government funded Help to Buy scheme.

I have not been able to obtain the relevant legislation however after looking at the Budget 2013 page 38-39, I was unable to find any residence specification on eligibility for the scheme.

I am particularly interested in applicants residence requirements for the scheme.

I have been looking at the application forms of different Help to Buy government appointed agents and the following criteria applies for each applicant:

- UK National
- EEA Citizen
- Person with indefinite leave to remain
- Other - (not sure what this refers to)

Under European Treaty Law non-EEA Nationals have the right of residence in the UK if they are family members of an EEA National. Family members are classed as spouse, dependent children under 21 and parents if dependent on the EEA National. To confirm this right, the non-EEA nationals are issued with an EEA Family Permit from the UK Border Agency which is valid for 5 years from the date of issue. After this period of 5 years, again under European Treaty rights they are issued with a Permanent Residence card with no time restriction. This is not indefinite leave to remain but a permanent residence issued under EEA law.

While EEA nationals themselves are allowed to apply for the scheme, according to the forms issued by the government appointed agents they would not be able to do so with their husband or wife if they are a non-EEA national despite having the right to reside in the UK whether with an initial 5 year EEA family permit or with a Permanent Residence card. I am wondering whether this criteria, enforced by the government or the agents themselves, discriminates against the EEA Nationals right to a family life and home?

Also would anyone be able to point me towards the relevant legislation/government advice, if any, that outlines the applicants residence criteria?

Any help in clarifying this is greatly appreciated.

Thanks in advance.

This does not discriminate if you have a joint mortgage on the help to buy that means the government loans to you and your partner however if you split up and the partner from a non eu country has to go back home how are they going to get there money back.

As this person will not be allowed to stay in the uk unless they have indefinite leave to remain.

This scheme is not designed to help people from all over the world buy houses in the uk its to help people from within the Eu

I suspect other might mean serving armed forces personal like gurkhas etc just a guess

namiku

reapz69 wrote: »

This does not discriminate if you have a joint mortgage on the help to buy that means the government loans to you and your partner however if you split up and the partner from a non eu country has to go back home how are they going to get there money back.

As this person will not be allowed to stay in the uk unless they have indefinite leave to remain

That's not correct. Firstly if a couple splits up the non-EEA national is not automatically sent back. They could be eligible to retain right of residence etc.

Also if the non-EEA national goes back he does not get the house with him, the house is still there eligible to be sold etc.. the government receives their investment back once the house is sold.

Furthermore an EEA citizen can easily go back to their country as well as a UK citizen moving abroad.

Can you answer the following in accordance with your logic: If a British couple that has bought a house on the Help to Buy scheme split up how does the government get its money back?

reapz69

namiku wrote: »

That's not correct. Firstly if a couple splits up the non-EEA national is not automatically sent back. They could be eligible to retain right of residence etc.

Also if the non-EEA national goes back he does not get the house with him, the house is still there eligible to be sold etc.. the government receives their investment back once the house is sold.

Furthermore an EEA citizen can easily go back to their country as well as a UK citizen moving abroad.

Can you answer the following in accordance with your logic: If a British couple that has bought a house on the Help to Buy scheme split up how does the government get its money back?

I do see your point the government would get the money back through the normal channels, I am also guessing there is a limited amount of funds for this scheme so they have to be a little selective?.

I am from the uk and my partner is from the czech republic and we sailed through pretty much no questions asked.

I am more than certain your issue is caused by a bigger issue the government would get totally slated if they started giving money out to non eu citizens to buy houses in the uk.

If I were you I would just apply to the help to buy in solo name buy the house then put your partner on the deeds?

Also one question does a non eu citzen who is with a partner from the eu have permission to work full time? If not then I would say there might be a issue there also

namiku

reapz69 wrote: »

I do see your point the government would get the money back through the normal channels, I am also guessing there is a limited amount of funds for this scheme so they have to be a little selective?.

I am from the uk and my partner is from the czech republic and we sailed through pretty much no questions asked.

I am more than certain your issue is caused by a bigger issue the government would get totally slated if they started giving money out to non eu citizens to buy houses in the uk.

If I were you I would just apply to the help to buy in solo name buy the house then put your partner on the deeds?

Also one question does a non eu citzen who is with a partner from the eu have permission to work full time? If not then I would say there might be a issue there also

A family member of an EEA national the non-EEA national would get a residence document and has no restrictions on work/business or anything mentioned regarding public funds on this document.

It is not easy to buy the house on a sole wage therefore we need both!

reapz69

I would say this is a way above any level of advice you could get on this forum since the scheme is so new, I would start with a email to the help to buy agent / local mp.

This could be a oversight from the government but I am still 90% sure its a way to limit the amount of funds going out of the pot.

Yorkie1

reapz69 wrote: »

I do see your point the government would get the money back through the normal channels, I am also guessing there is a limited amount of funds for this scheme so they have to be a little selective?.

I am from the uk and my partner is from the czech republic and we sailed through pretty much no questions asked.

I am more than certain your issue is caused by a bigger issue the government would get totally slated if they started giving money out to non eu citizens to buy houses in the uk.

If I were you I would just apply to the help to buy in solo name buy the house then put your partner on the deeds?

Also one question does a non eu citzen who is with a partner from the eu have permission to work full time? If not then I would say there might be a issue there also

You should be aware that the lender will not permit this if the partner does not also go onto the mortgage.

kingstreet

Can I suggest you call your local HCA HomeBuy Agent and put any questions to them. Their details are in the back of the HTB Guide;-

http://www.orbithomebuyagents.co.uk/mediaFiles/downloads/49696872/Help%20to%20Buy%20Buyers%20Guide.pdf

namiku

Thank you for your reply kingstreet.

I have put my questions to the local HomeBuy Agents Sales team, albeit over the phone, and have been told that they only do this for UK Nationals, EEA Citizens or Persons with indefinite leave to remain.

When asked why this was the case they weren't able to elaborate further.

Therefore I am trying to find what guidance, if any exists, from the government, HCA or any other authority regarding this.

namiku

Can anyone shed any light on this?

brit1234

namiku wrote: »

I am wondering whether this criteria, enforced by the government or the agents themselves, discriminates against the EEA Nationals right to a family life and home?

I wouldn't say so. Just get citizenship in the country you want to stay in. The scheme is funded by the British tax payer and thus should not be used by non eligible foreign buyers. Personally I would avoid the scheme and buy normally to avoid the risk of negative equity it brings.