Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, pursuant to the Answer of 14 July 2017 to Question 3561 and the Answer of 13 July 2017 to Question 3561, if he will protect the accrued pensions rights of UK nationals who have previously lived in another EU member state but are no longer resident in that country; and if he will make a statement.
Answered by Robin Walker
As set out in the policy paper “Safeguarding the Position of EU Citizens Living in the UK and UK Nationals Living in the EU,” the UK will continue to aggregate periods of relevant insurance, work or residence within the EU accrued before exit to help meet the entitlement conditions for UK contributory benefits and State Pension, even where entitlement to these rights may be exercised after exit.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, pursuant to the Answer of 14 July 2017 to Question 3554, on immigration: EU nationals, whether (a) non-UK EU nationals and (b) UK nationals will continue to benefit from the right to equal treatment under the law enshrined in the Charter of Fundamental Rights after the UK leaves the EU.
Answered by Robin Walker
The UK has a longstanding tradition of ensuring our rights and liberties are protected domestically and of fulfilling our international human rights obligations. The decision to leave the EU does not change this.
The Charter of Fundamental Rights did not create any new rights. Instead it was intended to catalogue the rights that already existed in EU law - this law is being converted into UK law on the point we exit the EU.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 6 of his Department's policy paper Safeguarding the position of EU citizens in the UK and UK nationals in the EU, published on 26 June 2017 what rights will be accorded to staff at customs points who work in the UK but live in another EU member state.
Answered by Robin Walker
The UK has separate agreements in place with France and Belgium that determine the status and rights of nationals employed at juxtaposed controls, including customs areas. These agreements are separate from the UK’s membership of the EU and will remain in force after we leave.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, pursuant to the Answer of 11 July 2017 to Question 3597, on immigration, how individuals will be able to enforce within and outside the UK the rights contained within the Withdrawal Agreement which will have the status of international law.
Answered by Robin Walker
The agreement on Citizens’ Rights will be enshrined in UK law and enforceable through the UK judicial system, up to and including the Supreme Court. We are also ready to make commitments in the Withdrawal Agreement which will have the status of international law. We are committed to rules-based international order and the UK takes seriously the responsibilities we have signed up to via international agreements.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, pursuant to the Answer of 11 July 2017 to Question 3597, what form of dispute resolution body he envisages enforcing the rights in the Withdrawal Agreement which will have the status of international law.
Answered by Robin Walker
The large majority of international agreements involve some form of dispute resolution or enforcement mechanism and there are a range of models for dispute resolution mechanisms in international agreements.
We have been clear that we will bring an end to the jurisdiction of the European Court of Justice in the United Kingdom. The dispute resolution mechanisms adopted as part of our future relationship with the EU will be a matter for negotiation.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 49 of his Department’s policy paper Safeguarding the position of EU citizens in the UK and UK nationals in the EU, published on 26 June 2017, whether EU citizens and UK nationals who are not benefiting from healthcare arrangements before the specified date will be able to do so at a date in the future.
Answered by Robin Walker
The UK will seek to protect the healthcare arrangements currently set out in EU Regulations and domestic UK law for UK nationals and EU citizens who benefit from these arrangements before the specified date.
Healthcare arrangements for future EU migrants to the UK will be subject to the negotiations.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 45 of his Department's policy paper entitled, Safeguarding the position of EU citizens in the UK and UK nationals in the EU, published on 26 June 2017, what his policy is on preserving the right of UK nationals to move and reside in other EU Member States after the UK ceases to be a member of the EU as part of the negotiations on the UK leaving the EU.
Answered by Robin Walker
The Government fully recognises that those EU citizens resident in the UK before the specific date, and UK national resident in EU Member States, enjoy access to public services such as healthcare a, education, employment and housing. We are proposing a reciprocal deal that will protect the right of UK national in the EU to continue to live and work in the EU.
This includes the ability to work in one Member State but live in another, for those to whom this applies.Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 10 of his Department's policy paper entitled Safeguarding the position of EU citizens in the UK and UK nationals in the EU, published on 26 June 2017, what additional steps people who have received permanent residence documentation will have to take in order to secure settled status.
Answered by Robin Walker
There is no need to do anything now. The UK will remain a member of the EU until March 2019 and there will be no change to the rights and status of EU citizens living in the UK, nor UK nationals living in the EU, during this time. Permanent residence status is linked to the UK’s membership of the EU and so will no longer be valid after we leave. Therefore EU citizens do not need to apply for documentation confirming their permanent residence status. We will be asking EU citizens to make an application to the Home Office for documentation demonstrating their new settled status in due course. We will make the process as streamlined as possible for all individuals, including those who already hold a residence document under current free movement rules. Our intention is that the grace period last up to two years, giving people plenty of time to regularise their status. Anyone who would like to find out the latest information, including when they will need to sign up for the new scheme, can sign-up for email updates here.Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 6 of his Department's policy paper entitled, Safeguarding the position of EU citizens in the UK and UK nationals in the EU, published on 26 June 2017, whether family dependents of non-UK EU citizens in the UK who arrive after the specified date will be subject to the immigration rules in respect of their family members.
Answered by Robin Walker
Family members of eligible EU citizens resident in the UK before we leave the EU will be able to apply for settled status after five years, whether they are EU or non-EU citizens. They will be subject to the same rules that apply to non-EU nationals joining British citizens, or alternatively to the post-exit immigration arrangements for EU citizens who arrive after the specified date.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 6 of his Department's policy paper entitled Safeguarding the position of EU citizens in the UK and UK nationals in the EU, published on 26 June 2017, whether non-UK EU nationals will continue to benefit from the right to equal treatment in the UK after the specified date.
Answered by Robin Walker
Our offer applies to all EU citizens equally. We will not treat citizens of one member state differently to those of another, except regarding the special arrangements for Irish nationals. Our offer clearly sets out that EU citizens who have settled status will be treated the same as comparable UK nationals.
We have set out a fair offer to protect the rights and entitlements of EU nationals living in the UK. Settled status will be offered to those that have been continuously resident in the UK for 5 years. Those that have been here for less will be eligible for temporary leave which allows them to remain in the UK with the same broad set of rights and entitlements as they do now until they can get settled status.