Free Movement of EU Nationals

Debate between Jo Stevens and Kit Malthouse

Wednesday 2nd October 2019 Westminster Hall

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

Thank you for presiding over this morning’s debate, Sir David. I apologise for the fact that you have a Minister responding who is not directly responsible for this area of policy but, as you may know, things are going on in Manchester that mean we are ducking and diving slightly.

It would perhaps be easy to dismiss some of the issues that the hon. Member for Edinburgh West (Christine Jardine) raised, not least because much of the emotion and assertion is incorrect, but I recognise that she, like many people, is grieving—mourning the outcome of a referendum three years ago with which she profoundly disagreed. Much of her speech this morning was a rerun of the debates held during that referendum and since, accompanied by great emotion and controversy across the nation. I urge her and other hon. Members to try to be as measured as possible about the coming changes in the immigration system, not least because, as she says, they will affect a great number of people. This morning I aim to provide clarity on some of the points that she has perhaps not yet grasped, unlike the 1.7 million people who have applied for EU settled status.

The Government have been clear that on 31 October the UK will leave the European Union. Our intention is to leave with a deal and, as you will have seen in the newspapers, Sir David, work is ongoing to get that deal. But we must also prepare for a no-deal exit, not least because the EU may choose that outcome itself. At that point, free movement as it stands will end. On 4 September the Home Secretary set out the immigration arrangements for European economic area and Swiss citizens moving to the UK after a no-deal Brexit on 31 October. To be clear, those new immigration arrangements will not affect EEA citizens who are already living in the UK before we exit. The Government value the enormous contribution that they make to our economy, public services and national life. They are our friends, our families and our neighbours. That is why we have given an unequivocal guarantee to the more than 3 million EEA citizens resident in the UK that their rights will be protected, and we urge them to stay.

The Government have delivered that protection through the EU settlement scheme, which will give them a UK immigration status and rights in UK law. They will have at least until 31 December 2020 to make an application to the scheme. The EUSS makes it easy for EU citizens to get the status they need to remain here permanently after we leave the EU, with the same rights to work and to access benefits and services as they have now. Applicants need only complete three key steps: prove their identity, show that they live in the UK, and declare any criminal convictions. It is free to make an application. There is less hassle than when applying for a bank account or renting a flat.

[Jo Stevens]

I seek the Minister’s help. A couple of weeks ago I met a constituent whose wife has applied for settled status and has received a letter from the Home Office confirming that her application has been successful, but it also says that the letter is not proof that she has settled status. How does somebody prove that they have settled status?

[Kit Malthouse]

My team will provide me with the answer shortly, and I will come back to the hon. Lady on that question.

Thus far, 1.7 million people have applied to the scheme and more than 1.5 million have already been granted settled status. In a no-deal scenario, law-abiding individuals will also be able to live, study, work and access benefits and services in the UK until the remainder of the free movement framework is repealed by Parliament at the end of 2020. If they wish to stay beyond that point, EEA and Swiss citizens and their close families will be able to apply for European temporary leave to remain through a new scheme that we will launch after exit to provide them with a bridge into the new immigration system.

The ETLR scheme will be opened by the Home Office after exit. Applications will be free and involve a simple online process and identity, security and criminality checks; successful applicants will receive permission to stay for three years. This will give individuals and their employers confidence and certainty that they can remain in the UK after the end of 2020. Anyone who wishes to stay in the UK after their temporary status expires will need to make a further application under the new points-based immigration system.

On that future immigration system, our vision is for a truly global country where we welcome the brightest and best, where we are more outward-facing, and where we decide who comes here based on what they have to offer and their circumstances, not where they come from. That is why the Home Secretary has commissioned the independent Migration Advisory Committee to review the benefits of a points-based system and what best practice can be learned from other international comparators, including the Australian immigration system. The MAC is also undertaking an existing commission on salary thresholds.

We will announce the details of the UK’s future immigration system early next year, after considering the MAC’s advice on these issues. That will provide time for businesses to adapt ahead of the implementation of the new system from January 2021.