Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2024

Alex Davies-Jones Excerpts

Tuesday 30th April 2024 General Committees

[Alex Davies-Jones (Pontypridd) (Lab)]

I thank the Minister for bringing forward this order. Following lengthy delays and litigation, it is the latest step towards giving full effect to the December 2022 court judgment regarding the EU settlement scheme. The changes in the order would correct the discrepancy between the rights of people with pre-settled status under the EU settlement scheme, whose residency rights lapse automatically if they are absent from the UK for a continuous period of at least two years, and the rights of those with settled status, who may be absent for up to five years before their residency rights under the scheme will lapse.

Once implemented, the changes will mean that those with either pre-settled or settled status under the EU settlement scheme will now have the right to be absent from the UK for up to five years before their status automatically lapses. Notwithstanding these changes, the Government maintain their position that those who currently hold pre-settled status under the scheme but are eligible to switch to settled status are encouraged to apply for settled status as soon as they meet the criteria. According to Home Office statistics, as of December 2023, more than 745,000 people had made that switch.

Will the Minister confirm how many people have applied to switch from pre-settled to settled status but are currently waiting for a decision on their applications? We know that there is still a backlog. Will he tell us what information the Home Office has on the number of people who currently meet the eligibility criteria to switch from pre-settled to settled status, but have not yet submitted an application to do so? In July 2023, the Home Office said that its intention was

“to take steps to automatically convert as many eligible pre-settled status holders as possible to settled status once they are eligible for it, without them needing to make an application.”

Can the Minister update us on the progress of those plans? As he has acknowledged, the draft order seeks to implement a change to current legislation that is required as a result of the court’s decision in December 2022. We therefore have no reason to oppose the motion.