1. What is the problem with the EU Settlement Scheme? Expand 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.
2. What do we need instead? Expand JCWI is calling for a ‘declaratory scheme’ that will grant all EU citizens and family members resident in the UK automatic settled status and provide physical documentation as proof of status. This is the only way to prevent hundreds of thousands of people from being criminalised overnight and ensure our Prime Minister and Secretary of State keep their promise of granting automatic right to stay to EU nationals.
3. If people are not forced to apply, will there be another Windrush? Expand During the Windrush scandal, those whose right to remain was under threat had legal status but were unable to evidence their rights, leaving them vulnerable to harmful hostile environment policies. EU nationals and family members who do not apply under the EUSS will be left with no legal status whatsoever. After the EUSS cut-off point far more people will fall out of status, with similarly devastating real-life consequences to those faced by the Windrush generation. Granting automatic settled status is the only way to avoid this.
4. If people are granted automatic settled status, will there be incentives to apply? Expand EU nationals and non-EU family members will need to register, or they will face difficulties in their daily life. They must evidence their status in order to evidence their entitlements to apply for a job, rent accommodation or access services such as benefits and housing. The Government can create fair incentives that encourage people to register. Removing someone’s status is a disgusting and unacceptable approach and makes life in the UK unlivable.
5. Why do we need physical documentation? Expand It is essential that people who register with the EUSS receive physical documentation. All other migrants and British citizens can choose to obtain physical documentation to prove their status. The Government has denied this right to EU nationals. We know this will lead to discrimination. We cannot rely on an untested online database as the only means of evidencing status and rights, and it is disgraceful for the Home Office to use EU citizens in their experiments for a digital immigration system. Being allowed to register to obtain physical documentation is not comparable with compulsory national ID cards, and it is dangerous and wrong for ministers to imply this.