EU Settled Status Scheme

Afzal Khan Excerpts

Tuesday 27th November 2018 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

It is an honour and a privilege to serve under your chairmanship, Mr Hollobone. I thank the hon. Member for Boston and Skegness (Matt Warman) for securing this important debate.

The UK will leave the EU in four months’ time, but significant uncertainty remains for the 3 million EU citizens in the UK. I will focus on three areas: the Government’s failure to protect EU citizens from the hostile environment; broken promises on citizens’ rights; and the roll-out of settled status so far. To avoid another Windrush scandal, those issues must urgently be addressed.

First, it is clear that EU citizens will be subject to the full force of the Prime Minister’s punitive hostile environment. Will the Minister take this opportunity finally to clarify what checks employers will be required to carry out on EU citizens after Brexit and what evidence will be sufficient for EU citizens to prove their status? At any point during the transition period, will employers be required to differentiate between EU citizens who are already here and those who arrive during the transition period? Will an EU passport or identity card be enough for any EU citizen to prove their right to work until the end of the transition period? Have any business groups raised these issues with the Minister or anyone in her Department?

Right-to-work checks are a fundamental plank of the hostile environment that was directly responsible for Windrush. We know that EU citizens have already faced discrimination in the job and rental markets. The lack of detail from the Government is contributing to this climate of uncertainty and confusion.

[Matt Rodda (Reading East) (Lab)]

Does my hon. Friend agree that many EU citizens are so concerned about their future that there have been cases of people deciding instead to apply for British nationality, to give them an extra guarantee of being able to stay in this country, such is the level of concern to them and their families? I raise an anonymous example from my constituency, of a young, highly-skilled family with three young children, where the mother has had to pay £1,500 to gain British nationality. It has been a huge cost to them and been very distressing. Does my hon. Friend agree that the whole process is causing undue distress?

[Afzal Khan]

I agree with my hon. Friend that this process is causing difficulties. I know from past experience that the regime of charges in operation, which are being increased, almost seems to some people to be a profit machine rather than providing good service to the public.

I would like to ask the Minister what would happen if applicants lost their access to digital proof of their settled status, for example in the case of Home Office errors in record keeping or loss of data? Would there be alternative ways for them to provide proof of status?

Secondly, the Government have broken a promise to EU citizens and gone against assurances given to the House on settled status checks. We have been told multiple times by different Ministers that the Government will not check that an EU citizen is exercising their treaty rights under free movement. In a recent letter to my hon. Friend the Member for Oxford East (Anneliese Dodds), the Prime Minister wrote:

“You asked me whether resident EU citizens and their family members applying for UK immigration status under the EU Settlement Scheme will be required to show that they meet all the requirements of current free movement rules. I can confirm that they will not.”

However, in recent changes to the immigration rules the Government granted themselves the power to reject settled status applications if someone was not doing this.

In a written answer to my hon. Friend the Member for Sheffield Central (Paul Blomfield), the Minister for Immigration said:

“The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights. This means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, as a matter of law, for a person to be removed from the UK on those grounds.”

There are a number of people—for example, carers, stay-at-home parents or retired people—who are not exercising treaty rights and are at risk of having a removal decision made against them. Can the Minister tell us why she has granted her officials this power? Either the Government are going to use this power for at least some applicants, in which case Ministers have gone against significant assurances to EU citizens and to this House, or this power will never be used, in which case why grant it in the first place?

Thirdly, on the roll-out of settled status so far, am I right in saying that the settled status app is still not available on Apple products? Is the Minister aware that the facial recognition feature on the Android phone is not working in some cases and the Home Office has required people to send in their original passports just weeks before Christmas? What measures are being put in place to ensure that privacy of biometric data is protected, especially where the Government share this data with their contractors?

The campaign group, the3million, has raised concerns about the accuracy of the Minister’s report on the first phase of settled status. It is misleading to say that “no cases have been refused”, as 129 people—over 12% of the applicants—were still awaiting a decision. Can the Minister clarify the situation that these people are in now?

There remains significant concern about how vulnerable people will register. The Minister has emphasised that it will be a “simple, straightforward process”, but even simple processes can become complicated very quickly for people with complex lives. During a Home Affairs Committee hearing, one of the Government’s immigration advisers said:

“It is possible that in a few years’ time when the scheme has been implemented, we won’t really have any idea how inclusive it’s been and whether there are significant numbers of people who fall through the gaps.”

How will we know how many EU residents are left without status when the Government do not collect or release the necessary data?

On Sunday, a withdrawal agreement was published that fails to address significant issues with EU citizens’ rights. Onward free movement for UK citizens in Europe has not been resolved. We have not had guarantees of what will happen to the agreement on EU citizens’ rights in the event of no deal. EU citizens will be subject to the hostile environment, may be required to prove they are exercising treaty rights and the Government will have no idea how many people remain undocumented come December 2020.

We have been told that the immigration White Paper may come as early as next week. Can the Minister confirm this? How will it affect EU citizens who are already here? We have already suffered months of uncertainty because the Government cannot get their house in order. The Government have failed to protect EU citizens in the UK.

--- Later in debate ---

[Caroline Nokes]

It is important that we give reassurance to EU citizens living here. As the former Secretary of State for Exiting the EU, my right hon. Friend the Member for Esher and Walton (Dominic Raab), made very clear, I believe, in one of his Select Committee appearances, this is a solid commitment to EU citizens, who we want to stay. I think one hon. Member might have raised the spectre of this, but we are certainly not going to remove EU citizens.

Moving on to some of the comments that hon. Members have made, the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) spoke about employers. That is an important point. I was pleased to be at the launch of the employers’ toolkit that we have been making available to employers since much earlier in the summer, which was designed hand in hand with employers. I am conscious that they play a significant role in communicating to their employees how the scheme will work. We are already working with specific employers, NHS trusts and now universities as part of the testing phase. The toolkit has been welcomed and is useful, and it is designed to enable employers to help their employees through the process.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East raised a number of points. I want to focus on a productive meeting that I had yesterday with the Scottish Government Minister for Europe, Migration and International Development, as part of a series of meetings I have undertaken to have specifically with him, but also with representatives of the Welsh Government and local government. It is important that we engage widely both with parts of the United Kingdom and with local authorities where there is a significant impact. We know that when people feel uneasy at times, they are likely to turn to local government or the devolved Administrations for support.

The Scottish Minister raised with me, as indeed he did in the summer, the question of fees and the undertaking by the Scottish Government to pay the fees for those working in certain sectors and perhaps for their own employees. He and I discussed yesterday the issue of taxation, and I undertook to raise that matter with the Treasury. I understand, and I hope I am correct in this, that my right hon. Friend the Home Secretary made the same undertaking to the Home Affairs Committee this afternoon.

The hon. Gentleman also specifically raised those who exercise rights as carers as Zambrano, Chen, Ibrahim or Teixeira cases. We have indicated that those resident as Zambrano cases are not protected by the draft withdrawal agreement, but we have decided as a matter of domestic policy to protect them. We consider that their current rights do not lead to a right of permanent residence under EU law, but a new UK status will be made available to them, as it will be for Chen, Ibrahim and Teixeira cases.

The hon. Gentleman also raised the issue of landlords. I was very pleased, as Immigration Minister, to reconvene the landlords panel, which I co-chair with Lord Best. We met recently and, with a group of representatives of landlord organisations, went through the digital right-to-work check, which we will mirror for landlords with a digital right-to-rent check. It is a straightforward process, and the landlord representatives present were impressed with the way the right-to-work check already works. We will roll that out for landlords to make their checks as easy as possible.

The test phases majored on by some Members are exactly that—tests. It is very important that we make sure the scheme works as it is rolled out. We started deliberately in a very small and controlled way, and have expanded it significantly in phase 2. As my hon. Friend the Member for Boston and Skegness mentioned, it will be expanded much more widely in the second part of phase 2 testing. We expected there to be bugs and to need to make technical fixes. That was part of the reason for testing.

[Afzal Khan]

I asked the Minister many questions, many of which have not been answered. Will she undertake to get those answers to me? She also mentioned the discussions taking place on Apple phones. Is she able to enlighten us on how long those discussions will carry on? Is she aware of the face recognition difficulties with Android phones that I mentioned?

[Caroline Nokes]

As I indicated just a moment ago, we are conscious that there have been several technical bugs. A good example was the system not recognising hyphenated surnames, which we were able to fix in phase 1 of the scheme. Some additional technical issues have been flagged up in phase 2, and we are working extensively to overcome them. I will not give a timeline for the resolution of the challenges with Apple phones, suffice it to say that a really constructive discussion is ongoing. My right hon. Friend the Home Secretary is a very persuasive man, and I am sure that we will reach a resolution as soon as possible.