1. What is the problem with the EU Settlement Scheme? The Government has made the EU Settlement Scheme (EUSS) – the system through which EU nationals and non-EU family members can apply to continue living in the UK post-Brexit – a ‘constitutive scheme’. At midnight on December 31st 2020 or June 30th 2021 (depending on if we have a deal), hundreds of thousands of people who have not applied will fall out of status and feel the full force of the hostile immigration system. People who have lived and worked in the UK legally for years will be criminalised and prevented from working, driving or accessing vital benefits, and could face detention and enforced removal. Landlords and employers will face fines for renting to or employing EU nationals without status. We know that it is the most vulnerable in society – including elderly and disabled people, survivors of domestic violence and looked-after children – who are at greatest risk of falling through the cracks in the scheme. This is not what Boris Johnson and Priti Patel promised when they pledged to grant automatic indefinite leave to remain to all EU nationals and their family members resident in the UK.