European Union: Migration

Lord Clark of Windermere Excerpts

Tuesday 7th March 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I am glad the noble Baroness is talking about the future and not the past, which probably neither of us, and certainly I, do not remember. The directive is about the movement of workers and their families. The Prime Minister has been absolutely clear about protecting the rights of EU nationals living in this country. We talked a lot in Committee about the fairness of the process and, therefore, protecting the rights of UK nationals in return. The Government do not want to do this on a unilateral basis. We need to think about all the people involved, both UK nationals living in the EU and EU nationals living here.

[Lord Clark of Windermere (Lab)]

My Lords, the Minister has actually been very patient with the House during recent Questions in explaining to us the right of residence after five years of work for European citizens, and the right of citizenship after six years. If a European citizen becomes a citizen of the UK, does that mean he or she has the right to remain in this country?

[Baroness Williams of Trafford]

I am very grateful to the noble Lord; we talked about this at length the other day. When we talk about the right of residence and comprehensive sickness insurance, that is an EU law, not a UK law, which we implement after five years, abiding by treaty obligations. The noble Lord is absolutely right: an EU national living in this country has permanent residence, and they do not have to prove that permanent residence. He made another valid point, which is distinguishing that from applying for British citizenship. In that application process, which is based on UK law, that person has to prove residence and not be breaking any immigration rules. After six years, they will then be granted UK citizenship, and the noble Lord is absolutely right: they have the right to remain here.