Earl of Kinnoull
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(1 year, 9 months ago)
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Lord Murray of Blidworth (Con)
I can confirm that work is proceeding to implement the judgment. As the noble Baroness will have noticed, the High Court accepted, in paragraphs 188 and 191 of its judgment, that
“before and after the conclusion of the WA”—
the withdrawal agreement—officials in the European Commission
“understood, and … accepted, the United Kingdom’s intention to require”
pre-settled status-holders
“to apply for settled status”.
In the High Court’s view, this was embarrassing for the Commission, but it did not alter the fact, as was contended by the Commission, that the text of the withdrawal agreement did not require such a further application for pre-settled status, and therefore the High Court found as it did. The Government will certainly implement its findings.
I add that the EU settlement scheme has been a great success, with over 7 million applications received and 6.9 million applications concluded as of 31 December 2022.
The Earl of Kinnoull (CB)
My Lords, the High Court judgment was very much in line with the recommendations and spirit of the multiple reports on citizens’ rights of the European Union Committee and the European Affairs Committee. In the reset of the scheme, will the Government make provision for another of our strong recommendations, made multiple times in these many reports, for the option of physical proof of status?
Lord Murray of Blidworth (Con)
As the noble Earl rightly observes, the High Court judgment upheld both limbs of the IMA challenge: first, that the withdrawal agreement residence right of a holder of pre-settled status does not expire for failure to make a second application to the EUSS; and, secondly, that a pre-settled status holder acquires the right to permanent residence under the withdrawal agreement automatically once the conditions for it are met. The intention has always been to provide digital proof of status, and that remains the department’s view.