PARLIAMENTARY DEBATE
EU Settlement Scheme - 21 June 2018 (Commons/Commons Chamber)
Debate Detail
Securing the rights of citizens has been our priority in negotiations with the European Union. We have delivered on this commitment and reached an agreement with the EU, which was published in March as a draft legal text. This guarantees the rights of EU citizens living in the UK and of UK nationals living in the EU. Under this agreement, EU citizens living in the UK, along with their family members, will be able to stay and continue their lives here, with the same access to work, study, benefits and public services that they enjoy now. Close family members living overseas will be able to join them here in future.
EU citizens make a huge contribution to our economy and to our way of life. They are our friends, our family and our colleagues, and we want them to stay. I am therefore delighted to be publishing today further details about the EU settlement scheme. This will provide the basis for EU citizens resident here, and their family members, to obtain their new UK immigration status, consistent with the draft withdrawal agreement. I will place in the Library of the House a statement of intent setting out in detail how the scheme will work, and how simple and straightforward it will be. The document includes a draft of the immigration rules for the scheme.
We will engage with our stakeholders on the details set out in the statement of intent. These include the user groups that we have established to help us develop the scheme, involving EU citizens’ representatives, embassies, employers and others. We look forward to hearing their views, and will make improvements where we can.
It will be straightforward for EU citizens residing in the UK to obtain status. If they have lived here continuously for five years, they will be eligible for settled status. Those who have lived here for less than five years will generally be granted pre-settled status and be able to apply for settled status once they reach the five-year point. Applicants will not need to show that they meet other detailed requirements of current free movement rules. This means, for example, that stay-at-home parents, retired people and students can all be eligible.
Irish citizens enjoy a right of residence in the UK that is not reliant on our membership of the EU. The Government are committed to protecting these rights, and are working closely with Ireland to maintain these bilateral arrangements for our respective citizens. Irish citizens will not need to apply for status under the scheme, but may elect to do so if they wish. Their family members who are not Irish citizens or British citizens will be able to obtain status under the scheme without the Irish citizen doing so.
Negotiations on similar agreements on citizens’ rights with the non-EU European economic area states and Switzerland are progressing. While the details of those agreements are being finalised, the statement of intent confirms that we intend that the settlement scheme will be open to other EEA citizens and Swiss citizens, and their family members, on a similar basis as for EU citizens.
The scheme set out in the statement of intent will deliver on our commitments to a straightforward process. We are designing the online application form so that it is short, simple and user-friendly. It will be accessible by computer, tablet or smartphone. Assistance will be available for those who need it to complete the online application process. The views of the user groups on the support that may be needed by vulnerable groups will help to ensure that we make the right additional provision for them, through the involvement of community groups and others.
There will be three core criteria that people will need to meet to be granted status under the EU settlement scheme: proving their identity, showing that they are resident in the UK, and declaring whether they have criminal convictions. First, applicants will need to prove their identity and nationality. For those who wish to complete the application entirely online, there will be an app that will allow EU citizens to confirm the relevant details remotely either using their own mobile phone or tablet, or at a location established for them to use the app or be helped to do so. Alternatively, they can send us their identity document by post, and a dedicated team will check this and return it to them as soon as possible.
Secondly we will establish that the applicant is resident in the UK and, where appropriate, their family relationship to an eligible EU citizen. Where possible, the application process will help the applicant to establish their continuous residence here, and whether it amounts to the five years generally required for settled status, on an automated basis using employment and benefit records. This will keep any documentary evidence the applicant is required to provide to a minimum. We recognise that some applicants may lack such evidence in their own name for various reasons, and we will work flexibly with applicants to help them evidence their continuous residence in the UK by the best means available to them.
Thirdly, we will check that the applicant is not a serious or persistent criminal and does not pose a security threat. It is right that we do what is needed to protect everyone who lives in the UK, but we are not concerned with minor offences, and these provisions will not affect the overwhelming majority of EU citizens and their family members.
Throughout the process, we will be looking to grant applications, not for reasons to refuse them, and caseworkers will be able to exercise discretion in favour of the applicant, where appropriate, to minimise administrative burdens. A range of user-friendly guidance and support, including a customer contact centre, will be in place to help applicants through the process.
Subject to parliamentary consideration of changes to the fees regulations, applications will cost £65, with a reduced fee of £32.50 for children under 16. There will be no fee for children in care. The process will be particularly straightforward for those who already hold a valid permanent residence or indefinite leave to remain document, which they will be able to swap for settled status free of charge. Those granted pre-settled status will be able to apply for settled status without paying a further fee.
EU citizens and their family members do not need to do anything immediately. There will be no change to their current rights until the end of the post-exit implementation period on 31 December 2020. The deadline for applications under the scheme, for those resident here by the end of 2020, will be 30 June 2021.
We plan to start opening the settlement scheme later this year. I do not underestimate the scale of the challenge in successfully processing what may exceed 3.5 million applications, but the Home Office already issues about 7 million passports and 3 million visas each year, so processing applications on the scale required is not new to us. As is now standard for the launch of new Government services, there will be a private beta phase from the summer to enable us to test the system and processes, followed by a phased roll-out from late 2018, so we can test them at scale and ensure that they work effectively. The scheme will be open fully by 30 March 2019.
The statement of intent I have published today marks an important point in our preparations for the EU settlement scheme, which will enable EU citizens and their family members to continue living here in much the same way as they do now. We have engaged with EU citizens at every stage of the development process, and will continue to do so. We will also continue to expand our communications to ensure that EU citizens are aware of the scheme and how it will operate, and to ensure that they are reassured that they will have plenty of time in which to apply for their new UK immigration status. The EU settlement scheme will provide a straightforward way of enabling those who have made their lives in the UK to stay here. We want them to do so. I commend this statement to the House.
I have a number of questions for the Minister. First, may we have more details on the criteria for settled status? How will the rights of other EEA and Swiss citizens be enforced? On the criminal checks, what exactly will be the threshold, and how far back will offences be considered relevant? As we have seen with highly skilled migrants, the Government have been picking up on very minor tax errors to refuse applications. Will she confirm that this practice will stop, and that it will not apply to EU citizens? Which court will adjudicate when, inevitably, incorrect decisions are made in the processing of applications or when legal challenges are made to those decisions, and is that acceptable to the EU? For Irish citizens, the mixed messaging is concerning. They do not “have” to apply, but they could. Will the Minister clarify that?
My second point concerns how vulnerable people will be reached and protected. The Migration Observatory has identified a number of groups who may fall through the cracks of a settled status system, especially people who are older or disabled, and those with language barriers. What plans does the Minister have to identify and protect victims of domestic abuse who rely on their partner for status? We heard at the last Home Office questions that the UK Government had made contact with only two libraries in Scotland. Does the Minister have any advance on that number?
The Minister said that the scheme will be accessible by computer, tablet or smartphone, yet we heard this morning that it is still not working on iPhones. Will that be fixed, and will the system work on all tablets and computers? She said that locations will be established for people to use the app or be helped to do so. How many locations will there be, and what will be their geographical spread?
Thirdly, can the Department handle the demands of registering 3 million people? The Home Office has a 10% error rate in immigration status checks. Is the Minister confident that the system being introduced will be robust and efficient enough to deal with those applications, without it crashing or large numbers of incorrect decisions being made in the process? The Home Affairs Committee has outlined serious concerns that Brexit will drain resources from an already failing system. Are new staff being recruited from outside the Department or are they being reassigned? How long will they take to train, and how much experience will they have to deal with complex cases?
The Minister said that a dedicated customer contact centre will help people through the process. Has that centre been set up, and will it be staffed by Home Office or outsourced staff? Will information be passed to immigration enforcement if somebody discloses that they do not have the right to be in the UK legally? After Windrush and the 100 letters sent in error to EU citizens last year, many people are understandably nervous about coming forward, especially if they are vulnerable and/or afraid that they will not meet the criteria. Telling them that Home Office staff can exercise discretion will be of little comfort.
Fourthly, will the Minister commit to rolling back the hostile environment, so that another 3 million people are not subject to such unjustified and punitive policies? In the practical application of an ID scheme for upwards of 3 million residents of this country, how is it possible for authorities to insist on the production of ID by a minority of the population? Surely that will lead inevitably to a requirement for all citizens to carry ID. Finally, the Minister said that she will publish the draft immigration rules for the scheme. Should we still expect an immigration White Paper before the summer, and if so, what will be its scope? When will we get the Government’s proposals on the future of migration post-Brexit?
The hon. Gentleman raised specific points about vulnerable people, and he was right to do so. We all have anxieties about the most vulnerable in our society, who may well need assistance. UK Visas and Immigration already has assisted digital schemes, and we want to roll those out to community groups and organisations that already work in local areas, so that support is there for people who may find a digital process difficult. He mentioned iPhones and the chip-checker. The digital application will be available on any computer, tablet or smartphone, but the chip-checker is currently available only on Android. I reassure the hon. Gentleman that the Home Secretary has recently raised that matter with Apple, because of course we would like the chip-checker to work on everything. There will, however, be facilities for those who wish to carry out the process on their smartphone—that process can be saved at every point, and people can then verify their documents in a contact centre or through many of the partner organisations with which we are currently working.
The hon. Gentleman rightly mentioned that 3.3 million EU citizens live in the UK. That is why we are moving to a private beta testing mode—we need assurance that the system will work, and then to have a phased roll-out. That is very important. We must also reflect that EU citizens have every right to be here, and they will continue to have those rights until the end of December 2020. For two and half years people will be able to register, and we will encourage them to do so. Importantly, this is the first publication of the scheme, and it gives the statement of intent. We then have a long period before the scheme launches next spring, so that we can be confident we have it right. I do not pretend that this is not a learning process; this is the largest exercise on this scale, and we are determined to listen to our partner organisations, and to citizens groups, to ensure that we make this a success for those EU citizens, who are so important to us.
There are potentially significant numbers of people who could fall through the cracks. If just 5% of the estimated 3.3 million EU citizens living in the UK do not register by the deadline, there will be a population of nearly 200,000 left without status. Will the Minister tell us what will happen to EU citizens who do not apply in time?
What conversations has the Minister had with the Scottish Government about the detail of the scheme and how it is to be implemented? The Cabinet Secretary with responsibility for external affairs in the Scottish Government, Fiona Hyslop, and the Welsh Government’s Cabinet Secretary for Finance have written to the Home Office stating it would be unacceptable for more burdens as a result of the scheme to be placed on local authorities without first speaking to the Scottish and Welsh Governments. Will she confirm that that letter, unlike recent missives from the Scottish Government, will be replied to and that there will be proper liaison with the devolved Administrations in this respect?
The hon. and learned Lady rightly raises the concerns of her constituents. I am sure that every Member will have had constituents come to their surgeries to talk about not simply the process but status after we leave the EU—I know that I have. It is really important that we all reiterate the Prime Minister’s message, which is that we want them to stay. They have contributed a great deal to our country and we wish them to continue to do so.
On fees, we have set out very clearly that the agreement reached with the EU allows a fee up to the cost of an equivalent document for UK nationals. The fee of £65 to apply for status under the settlement scheme is in line with the current cost of obtaining a permanent residence document. To charge a lower fee than the current fee EU citizens are charged for permanent residency would of course disadvantage those who have already paid that fee.
On the status of children whose parents may not register them, or who may be in care and may reach June 2021 without being registered, can the Minister say whether this means that after that date they will not be lawfully resident here? Does she worry that that will mean they have lost legal rights? What action is she taking to prevent children who have grown up here and lived here for many years losing their legal rights?
I have a very simple question. Do settled status and pre-settled status give EU citizens the same right to use the national health service as UK nationals?
Bill Presented
Voyeurism (Offences) (No. 2) Bill
Presentation and First Reading (Standing Order No. 57)
Secretary David Gauke, supported by the Prime Minister, Secretary Penny Mordaunt, Secretary Matt Hancock, the Attorney General, Andrea Leadsom, Rory Stewart, Lucy Frazer and Edward Argar, presented a Bill to make certain acts of voyeurism an offence, and for connected purposes.
Bill read the First time; to be read a Second time on Monday 25 June, and to be printed (Bill 25) with explanatory notes (Bill 25-EN).
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