EU Settlement Scheme

Question

11:16:00

Asked by

To ask His Majesty’s Government what steps they will take to further protect the rights of EU citizens living in the UK; and what improvements they intend to make to the EU Settlement Scheme.

The Government take citizens’ rights very seriously. The EU settlement scheme has provided 5.7 million people with the immigration status they need to continue to live in the United Kingdom. Pre-settled status is extended automatically to ensure that people do not lose rights because of a failure to make a second application to the scheme. In future, we plan to start granting settled status automatically where we hold the data to do so.

My Lords, of a number of concerns that EU citizens living in the UK have, one that stands out is the lack of a physical back-up for immigration status. That is important not only for the vulnerable and digitally excluded. First, will the Government improve the implementation of the digital status so that it can sit with the status holder even when there is no internet connection, providing the physical back-up that the previous Government denied? This remains a concern, particularly with the move to e-visas. Secondly, will the Minister meet with parliamentarians and others, including the3million, to discuss ways forward for this and other concerns?

I hope that I can assure the noble Earl that, if a request comes in, I will always meet with any parliamentarian to discuss issues in my area of responsibility. It may take time to sort, but I undertake that commitment. The simple answer to his first question is: yes, work is ongoing.

My Lords, on the settled status voting rights, will my noble friend the Minister look at how advice on voting rights on the Government’s website can be made much clearer? Will he also consider further steps, such as providing guidance to local authorities on the ways in which EU citizens with settled status can be better advised on their voting rights, so that we can increase voter participation and registration?

The Elections Act 2022 preserved voting rights for individuals from the European Union who had settled status in the United Kingdom. They can vote and stand in elections in every way, with the exception of general elections, where they cannot vote or stand. This is a Cabinet Office responsibility, but I will ensure that the points made by my noble friend are brought to the attention of the Cabinet Office Minister. There is clarity on the Electoral Commission website to that effect, which gives the information that is required.

My Lords, the EU settlement scheme has generally been a success, but there are some problems with it, including those attracting legal action by the European Commission that raise the prospect of another Windrush. Will the new Government undertake an overall review of the scheme, including the impact assessment that has never been done of the denial of physical proof of residence rights and the imposition of digital-only status? That is to be extended throughout the visa system, but we have never had an impact assessment.

The Government have been aware of both the court cases and the challenges that have taken place—that happened under the previous Government. We believe that we are now legally meeting the obligations of High Court judgments and of the status scheme that was implemented following the withdrawal agreement. However, obviously we keep that under review. We are also aware of the challenges mentioned by the noble Earl, Lord Clancarty, on digitisation and we are working through to, I hope, meet our obligations to those citizens who have a right now to live, work and indeed in some cases vote in this United Kingdom.

My Lords, the Minister will have discovered that, among his officials, one of the most efficient teams is that which deals with the EU settlement scheme. To what extent are the Government committed to retaining the status review unit, which we set up under the last Government to ensure that those who had obtained EU settled status by deception or had not otherwise met the requirements were dealt with in the appropriate way?

I hear what the noble Lord has said, and although that is not directly my responsibility within the Home Office, I will refer that to my colleague who works in the House of Commons and who has direct responsibility for this area. However, I hope I can reassure the noble Lord by saying that there have been 8.1 million applications to June of this year, 7.9 million applications have been concluded, and the overall refusal rate is only around 9%. Very often, those are for reasons which this House will accept: due to criminal records or criminal behaviour. So, I hope the scheme is working well. We need to monitor it, it will be ever-changing, and I will certainly take back the points that the noble Lord made.

My Lords, following on from the original Question, many people encounter problems with their digital status when trying to travel home to the UK in different time zones. There is a staffed helpline, but it operates only during working hours, so people are likely to get an AI-generated webchat response, which is not always helpful. Will the Government commit to providing a people-staffed helpline 24/7 to help people who are trying to return from different time zones?

The noble Baroness makes an important point. I cannot commit to that today, but it will form part of a review as to how we look at digitisation and ensure that the people who have the right to have settled status can exercise that right and understand it, have the appropriate paperwork and meet their obligations as well as ours. I fully sympathise with the noble Baroness on chatbots, which I find quite annoying.

My Lords, is my noble friend the Minister aware that a large number of Roma people came over here when we were in the European Union to escape a really inhospitable environment, who, largely through digital exclusion, have not been able to apply properly for settled status? In addition, there was some ambiguity about the need for the children of those Roma people to apply separately. Will he look into these problems and see whether they can be remedied?

The Government take citizens’ rights extremely seriously, and we will continue to work constructively with both the EU and internally with those who represent those who wish to have citizens’ rights, to ensure that we meet the provisions of the withdrawal agreement and that they are properly implemented within the United Kingdom. I heard what my noble friend has said and I will take that back and reflect upon it.

My Lords, following on from the question from my noble friend Lord Murray, in some areas concerns have been raised about potential abuses within the EU settlement scheme, including the ability of those with criminal records to apply. What steps will the Government take to ensure that these loopholes will be closed and that we are able to keep our streets safe from foreign criminals with no right to be in the UK?

I am grateful to the noble Earl for bringing that question forward. The first duty of the Home Office is to keep our citizens safe and to make sure that those who have criminal activity are punished by being sent to prison or, in this case, potentially by deportation. It is very important that we reflect on that. A large portion of the 9% of refusals are individuals who have a record of criminal behaviour and therefore have been refused under the settled status scheme. We will monitor that ongoing situation, and I assure the noble Earl that criminality has no place within the EU settled status scheme.

My Lords—

My Lords—

My Lords—

We have plenty of time. We will have the noble Baroness first and then the noble Lord.

My Lords, the previous Government issued EU settlement scheme status to people yet later denied that they had any rights under the withdrawal agreement. Will my noble friend the Minister provide an assurance today that the Government will ensure that everyone with status under the EU settlement scheme is a beneficiary of the withdrawal agreement?

I can give my noble friend that assurance with a firm yes.

Does the Minister accept that most of these people are not criminals, that they are welcome in this country and that the way we deal with them should show that people with whom we share culture, history and a great deal of common interest are welcomed, instead of sounding as if they are being pushed back?

I do not believe I have given the noble Lord, Lord Deben, that impression—I certainly hope not. Some 5.7 million people have been accepted under the scheme, and they are very welcome. They work among us in this city and in my area where I live, they live among us and their contribution is welcome. But we have to monitor the scheme to ensure its integrity, for the reasons that the noble Lord’s Opposition Front Bench indicated.

My Lords, when the Minister conducts the inquiry into the digital aspects of settled status and the aspects of possibly having either a plastic or hard copy, will he take account of the large amount of work done by your Lordships’ European Affairs Committee, which three times recommended that it should be possible for a plastic or hard copy to be made available, particularly given the problems of very elderly and infirm people?

I am grateful to the noble Lord for that contribution. I hope I have indicated that we are examining those issues, and he has certainly given me some weekend reading for the future.