European Union Settlement Scheme

Kevin Foster Excerpts

Wednesday 16th June 2021 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

It is an absolute pleasure to serve under your chairmanship, Sir Gary. I hope Members realise that, in the short time I have, I will not be able to cover every issue that has been raised.

I start by thanking the hon. Member for Lanark and Hamilton East (Angela Crawley) for securing the debate. Before I respond to the points that have been made, I want to emphasise at the outset that the Government are fully committed to ensuring that everybody eligible for the EU settlement scheme—EUSS for short—gets the help they need to apply and that they can apply, with extra support provided to the most vulnerable.

My message is twofold. The first is to encourage everyone who is eligible for the scheme and has not yet applied to do so by 30 June. The second part is to reflect on the huge success of the scheme so far, notwithstanding some of the doubts expressed today. By 31 May 2021, more than 5.6 million applications had been received since the scheme’s launch in March 2019. It is continuing to receive and process thousands of applications every day, including all the way through the covid-19 pandemic.

I am delighted that so far the scheme has already given assurance and secure legal status to millions of people who have chosen to make our United Kingdom their home. We are delighted that so many will do so.

[Jim Shannon (Strangford) (DUP)]

I thank the Government for all that they have done. What discussions has the Minister had with the Northern Ireland Assembly, which will have some responsibility for raising awareness, to ensure that people in Northern Ireland can access the scheme as quickly as possible?

[Kevin Foster]

Only yesterday, I was in Northern Ireland talking to two of our grant-funded organisations: the South Tyrone Empowerment Programme, whose chief executive Bernadette Devlin, as people may know, is a former Member of this House; and Advice NI. We talked about the work that they have been doing. We have been directly funding adverts. We are grateful for the support we have received from the devolved Administrations, both in Northern Ireland and, as has been referred to already, in Scotland, with the Stay in Scotland campaign, which the Scottish Government have been running.

I want to make clear a couple of core elements of the scheme. We made the application process simple and straightforward, including the introduction of a digital app to confirm identity, and automated checks of Government data, reducing the need for applicants to provide evidence of residence. We also made it simple by making the criterion residence, not exercising particular free-movement rights. People did not have to prove, for example, that they were working or studying here—just residence was enough. Those familiar with the EEA free-movement regulations will know that they are more complex. We wanted to make it simple and easy, so that it lent itself to quick and simple decision making.

We looked at the EUSS to provide us with a template for how we manage immigration applications and immigration status going forward: fewer physical visits to a visa application centre, less need for physical documents or sending information to the Government that they already have, such as tax records. That enables more simplicity in getting a decision, allowing us to focus resources on supporting and helping the most vulnerable.

Given that there is still debate on the point, I want to be absolutely clear. A person who applies by 30 June 2021 deadline will have their existing rights protected, pending the outcome of the application and any subsequent appeal, if it is not successful. That is achieved by the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. That is quite firm. From 1 July, they will be able to rely on their certificate of application as proof to access the right to work or rent, when verified by the relevant Home Office checking service. In essence, that is a process similar to that for those who have been granted status. I want to make that very clear.

Similarly, the scope to make a late application based on reasonable grounds for missing the relevant deadline is indefinite. There is no set time for how long lateness can be deemed reasonable. The example I regularly use is of someone who turns 18 and applies for a job, and discovers that 10 or even 13 years ago the local authority looking after them at the time did not make the application for settled status. We consider that a reasonable ground, even though that may happen 10 or 13 years in the future if they are a young child in the care of a local authority today, or if their parents have not applied for them. The guidance states that for those under 18 at the time the deadline applied. I hope that gives reassurance on that matter.

We are working through a large number of applications, but the vast majority are cleared within less than three months. In many cases, those that have been outstanding for longer are more complex, such as those based on derivative rights that apply to non-EEA nationals as well as EEA nationals, or where there are matters of a relevant history of criminal offending or outstanding prosecutions, where the Home Office cannot proceed to decide the application until those matters have been brought to a conclusion, given that the offence involved would inevitably affect their status here in the UK.

In terms of supporting the most vulnerable, £4.5 million in grant funding was announced on 11 February for 72 organisations across our United Kingdom, who are providing invaluable support and help to vulnerable and hard-to-reach individuals in groups applying to the EU settlement scheme. That was on top of the £17 million already provided, and will ensure the continued delivery of support until at least the end of September 2021. We were keen that there would be funding and support available in the first three months of using digital identity and for those making late applications.

We are really pleased that over 310,000 individuals have been directly supported by these organisations to apply to the scheme to get the status they deserve. This includes a range of people with complex or chaotic lifestyles, and those who are not able to make an application themselves, due to their health. That is in addition to other support that is more generally available, such as the EU Settlement Resolution Centre, We Are Digital, the assisted digital service for applications, and the support available on gov.uk.

[Sir Gary Streeter (in the Chair)]

Order. I remind the Minister that he has until 4.35 pm, not 4.30 pm.

[Kevin Foster]

Thank you for the reminder, Sir Gary, which I greatly appreciate. Perhaps it is appropriate to come to the subject of children in care.

Across Government, we are looking to ensure that all eligible looked-after children and care leavers are supported to secure their status under the EUSS, through an application made by 30 June 2021; as I have touched on, we have already made it clear that if the application is not made by someone else who is responsible, then we will accept a late application.

The total number of looked-after children and care leavers eligible to apply for the EUSS, identified by a survey of 210 local government bodies UK-wide, was 3,600. As of 23 April, 2,440 applications from looked-after children and care leavers have been received, which was 67% of the total identified and an increase from 15,020—46%— back in November. We are now starting to see these applications coming through. To reassure Members, 72% of these applications have been decided, of which 1,365 resulted in a grant of settled status and 235 in a grant of pre-settled status.

I turn now to some specific points raised during the debate. It is worth touching on the issue of digital status. We are developing a border and immigration system that is digital by default. That means that over time we will increasingly replace physical and paper-based documents, some of which can be many years old, with easy-to-use, accessible online and digital services. We are building on this work based on the experience of counties like Australia, which has had fully digital systems for some time. That was highlighted by a letter from the3million to all Members of Parliament last year.

Individuals will still receive a written notification of immigration status, by email or letter, which they can retain for their own records, but they we will be given access to the digital version of their immigration status information, which can be accessed and shared at any time by the online view-and-prove service. Unlike a physical document, this cannot be lost or stolen and, it is also worth bearing in mind, it cannot be retained by someone who is seeking to exploit or abuse it. That status cannot be taken away; it is retained and it can be accessed by public services. It is not a document that someone can physically keep from someone else’s possession.

We are already seeing employers and landlords successfully using our online checking services, not least in the context of the pandemic, where performing physical checks on people’s rights to work may be a lot more difficult than it would normally have been. We are updating our guidance and communicating to ensure they are clear on the steps they should take at the end of the grace period. That will include additional safeguards for existing EEA employers and tenants who may have missed the deadline, which will include a period of time for people to make a late application to the EUSS. We genuinely believe that will provide a balance, ensuring that those who have taken up employment after the 1 July show status and their right to work. However, we will not require any employer to take retrospective checks on their staff who they have employed previously as EEA nationals, who have passed previous right-to-work checks using a passport or national identity card. We are not requiring anyone to do checks on 1 July retrospectively. There is absolutely no requirement for any employer to do that.

In terms of looking at how the system is working, as some hon. Members commented, between October 2019 and March 2021 the service had over 3.9 million views by individuals and over 330,000 views by organisations checking immigration status. Between January 2019, when the service was launched for employers, and March 2021, there were over 390,000 views by employers. A similar service to enable right-to-rent checks, which only apply in England, went live in November 2020; between then and March 2021, there have been over 6,500 views by landlords and agents on the online right to rent service. No one should be required to show status under the EUSS until after 30 June, but it can provide a convenient and useful way of proving status to a bank, landlord or employer, hence why people are already taking the opportunity to use it.

When it comes to conversion from pre-settled to settled, we will take a proactive approach of seeking to remind people when that is due. People will start to be required to convert in 2023. It would be difficult to go to an automatic conversion, given the reality that somebody may not be intending to settle in the UK, or may not have stayed in the UK having been initially granted pre-settled status. But we will look to proactively remind people. To be clear, it is a free-of-charge application and there are similar criteria for reasonable grounds for a late application to convert as well; unsurprisingly, they will be similar to the non-exhaustive guidance that we have published in relation to those making a late application at this stage, as we feel that is a reasonable and proportionate approach.

On looking at the issue of names in passports, I take on board the point that sometimes people discover what is in the machine-readable zone of their national passport when they apply for a status with the Home Office. That is not something that affects only the EUSS; it also affects wider immigration statuses. Members will appreciate why we put quite a lot of store into making sure we have secure identity and that we link people clearly to the identity status that they use to apply to the scheme. I appreciate that can produce some issues in countries where it is less easy to convert a passport so that it shows a married name rather than a maiden name than under the system we have here in the UK, but it is an important part of how our system operates that we have that security.

On having a digital system that allows people to apply from home, we are increasingly moving towards systems that will read someone’s passport rather than require them to go to an application centre to prove their status—the British nationals overseas route is a good example, where many apply from home using their BNO or their HKSAR passport to prove their identity to the Home Office. We will consider whether improvements can be made, but there is the basis of real security that we need to maintain, so that we do not have opportunities for different identities in applications being submitted.

The EU settlement scheme has been a success. It has given security and certainty to millions of people and is a genuine success of which we can be proud as a nation. I encourage all who are eligible who have not yet applied to do so as soon as possible. Support is available online, on the phone and in person through grant-funded organisations to help them apply

Question put and agreed to.