EU Settlement Scheme — House of Lords, 2018-06-21
Topic: Immigration
Susan Williams (Conservative, Centre-right): My Lords, with the leave of the House, I will repeat a Statement made by my right honourable friend the Immigration Minister in another place. The Statement is as follows: "Mr Speaker, with permission, I should like to make a Statement about the new settlement scheme for resident EU citizens and their family members 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 society. They are our friends, family and 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 House Library 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 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 will 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 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—Iceland, Liechtenstein and Norway—and Switzerland are progressing well. 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. There will be assistance available for those who need it to complete the online application process. The views of the user groups on the support which 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 any 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 to 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 here 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—not for reasons to refuse—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 around 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 services in government, there will be a private beta phase from the summer to enable us to test the system and processes, followed by a phased rollout 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 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".