European Union (Withdrawal Agreement) Bill — House of Lords, 2020-01-20
Topic: Immigration
Jonathan Oates (Liberal Democrats, Centre to centre-left): My Lords, Amendment 1 is in my name and those of the noble Lords, Lord Warner, Lord Kerslake and Lord McNicol of West Kilbride. It seeks to achieve two things. First, it would provide citizens covered by the settled status scheme with a right to a physical form of proof of status; at present, only a digital proof is available. Secondly, it would shift the settled status scheme from a constitutive application scheme to a declaratory basis, meaning that rights were based on eligibility and not forfeit as a result of not meeting an arbitrary deadline I want to be clear at the outset. This amendment is not a partisan matter. It is not in any way an attempt to challenge Brexit, frustrate this Bill or change the substance of the rights established under the settled status scheme and in the withdrawal agreement. It simply seeks to ensure that the scheme will work effectively; that a plethora of problems that will, on the current basis, be encountered inevitably by the Government and EU citizens after the registration cut-off period are avoided; and that EU citizens have the option to have physical proof of their status should they wish it As noble Lords will recall, in June 2016, the current Prime Minister, Boris Johnson, the current Home Secretary, Priti Patel, and the current Chancellor of the Duchy of Lancaster, Michael Gove, made the following, unequivocal statement: "there will be no change for EU citizens already lawfully resident in the UK. These EU citizens will automatically be granted indefinite leave to remain in the UK and will be treated no less favourably than they are at present." Sadly, although a great deal of progress has been made with the settled status scheme, these commitments have not been honoured First, the settled status scheme is not the automatic route to indefinite leave to remain that was promised. It is an application-based system with a finite cut-off date of 30 June 2021. The only thing automatic about it is that after midnight on that date, any person who has not applied will be criminalised—deemed to be unlawfully in the United Kingdom, whether or not they would otherwise have been eligible for permanent residence under the scheme—and subject to deportation. We know that despite its best efforts the Home Office will inevitably not be able to reach, and grant settled status to, every one of the 3.6 million-plus eligible EEA and Swiss citizens resident in the UK. As a result, possibly tens of thousands of otherwise eligible people may find themselves undocumented and criminalised in as little as 18 months’ time. Inevitably, those most at risk will be the most vulnerable: young people in care, the elderly and the marginalised The Government’s argument for a cut-off date seems to be that it will help avoid a repeat of the injustice inflicted on people by the Home Office in the Windrush scandal, but it will do nothing of the sort. The cut-off date will simply empower the Home Office lawfully to inflict such injustice. Under the settled status scheme, there will be no hope of redress, as there was for at least some of the Windrush victims, because after June 2021 EU citizens will have automatically lost their lawful immigration status by virtue of having failed to meet the cut-off date, regardless of being otherwise fully eligible under the scheme. That cannot be right, and it is not what the Prime Minister and the current Home Secretary promised A second issue with the settled status scheme is that, unlike the system of indefinite leave to remain for non-EU, EEA and Swiss citizens, it does not provide successful applicants with physical proof of their right to be in the United Kingdom. Instead, they must rely entirely on a code issued to them by the Home Office, which has to be entered on the relevant website by whoever requires proof of their immigration status. The group the3million, which represents EU citizens in the UK, has published today the largest survey undertaken so far of settled status scheme applicants. It finds that 89% of EEA and Swiss citizens surveyed wanted physical proof of their right to reside because they are afraid of the difficulties that a lack of physical proof will inevitably cause. Interactions with landlords, airline staff or other officials obliged to check immigration status will become fraught with anxiety for them, dependent on the frailty of an internet connection and the resilience of a government IT system I have seen at first hand how these problems can arise, even before the settled status scheme comes into force. Some months ago, I was travelling back from Kenya to London with a colleague who is a German citizen and permanently resident in the UK. At the airline check-in desk, the official wanted proof of her right to residence in the UK because with all that was going on about Brexit, that was how he understood the situation. She explained that she did not need any proof; she was an EU citizen and, as such, had the right of entry to the UK. But we can imagine many circumstances in which people trying to travel will find themselves asked to provide physical proof but be unable to do so. Given that physical proof is provided to other people, such as non-EU citizens who have permanent leave to remain, this will inevitably cause confusion to officials around the world Your Lordships can see that if you are to tell people that you do not have physical proof but do have a number that an official must look up, on many occasions you would just be looked on with incredulity. If the internet is down or there is a problem with the Government’s IT system—I understand that it happens on occasion—then what predicament will that airline traveller be in? Will they be carried by the airline concerned but be unsure of their status? Will the carrier be liable if they allow that passenger to board As the noble Lord, Lord Warner, said in Committee, we must live in the real world. In the real world, in respect of permanent residence, proof of immigration status is in physical documentation; that is what people are used to. Those expected to comply with immigration rules will expect physical proof, and EU citizens will be severely disadvantaged if they do not have it.