EU Settlement Scheme

Margaret Ferrier Excerpts

Wednesday 7th July 2021 Commons Chamber

[Margaret Ferrier (Rutherglen and Hamilton West) (Ind) [V]]

Five years after the Brexit poll and the initiation of the article 50 process, we are still discussing the fate of millions of EU nationals across the UK, including many of my constituents. The persisting uncertainty in the lives of many EU nationals across the UK is causing distress and worry.

I welcome the fact that more than 6 million applications have already been processed, and it is reassuring that the Minister has confirmed that none of the cases currently being processed will be subject to immigration enforcement, and that the EU nationals concerned will have their rights legally protected.

However, there remain many questions on the rights of those who missed the deadline, which could have disastrous consequences for vulnerable EU nationals in the UK, such as those fleeing domestic abuse. If the deadline for settled status is missed and a late application is made, their ability to access benefits and homelessness assistance will be halted until they receive a successful grant of status. That risk is not a hypothetical scenario but a reality.

According to Refuge, the domestic abuse charity, reports from its frontline services indicate that many domestic abuse survivors who come from EU countries remain unaware that they need to make an application to the scheme, and that a separate application needs to be made on behalf of their dependants. Migrant survivors of domestic abuse who face forms of precarity will be comforted to know that the Home Office pays attention to that when considering their status.

EU nationals who experience domestic abuse have often found it difficult to provide the necessary documentation for their application, with many reporting that the documentation has been destroyed by an abusive partner. Indeed, Refuge even reports that some of its clients have been told by their abusers that, due to Brexit, they can no longer contact the police or the health services, risking deportation if they take such steps.

Although it is reassuring that the Home Office has agreed to accept late applications in cases where an individual has reasonable grounds, and that experience of domestic abuse will be considered to be such reasonable grounds, it would be helpful if the Minister would detail whether and how the Home Office will ensure flexibility in what can be considered to be acceptable evidence for a late application on those grounds.

It is also noteworthy that guidance for late applicants to the settlement scheme considers serious medical conditions or significant medical treatment that prevents someone from being able to complete an application to be a reasonable ground. This is, of course, welcome, but it would be useful to know whether it extends to mental health issues. Where someone with depression is unable to perform day-to-day tasks, would that fall within the scope of the clause?

For many years now, EU nationals have been subjected to a state of permanent limbo, anxiety and uncertainty about their future, and I hope the Minister will consider these modest steps to help our EU national friends and neighbours remain here, where they belong.