EU Settlement Scheme

Robert Jenrick Excerpts

Friday 20th January 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

I am grateful to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for securing the debate, and for the constructive way in which he posed his series of questions to me and to my Department.

First and foremost, it is important to recognise that the EU settlement scheme has been a significant success, as indeed the hon. Member did. We have gone above and beyond our obligations under the withdrawal agreement, and other separation agreements, to protect the rights of EEA and Swiss citizens and their family members, and to give them a route towards settlement in the UK. As a result, I am pleased to say that through the scheme, which is the UK’s largest ever immigration scheme, we have delivered more than 6 million grants of status.

Let me now answer the specific questions that the hon. Member raised on behalf of those involved in this process. With regard to the so-called pre-settled status, we take our obligations on citizens’ rights very seriously, and have implemented the arrangements that we agreed in the withdrawal agreement in good faith, but it is true that the Independent Monitoring Authority has challenged the Government’s requirement for those with pre-settled status to apply for settled status in order to maintain rights under the withdrawal agreement. The High Court found against the Government in its judgment at the end of last year. We do not agree with the Court’s interpretation of the withdrawal agreement, and we are considering whether to appeal against its judgment. It therefore would not be appropriate for me to comment further at this stage, but as soon as we reach a decision on how to proceed, I shall be happy to update the hon. Member and others on both sides of the House. In the meantime, while the first grants of settled status will not expire until August this year, pre-settled status holders are encouraged to apply for settled status as soon as they are eligible, and as of the end of September last year, nearly 438,000 people had done just that.

With regard to the volume of applications and the time it is taking to process them, according to the latest published statistics, as of the end of September last year we had received nearly 6.9 million applications, of which 6.7 million had been concluded. Of those whose applications were concluded, 90% were granted status, with 50% granted settled status and 40% pre-settled status. The remaining 10% received other outcomes, with 6% of cases refused. The remainder were either invalid or, indeed, withdrawn.

The hon. Member asked what happens to individuals who are not successful in the process. They are then irregular migrants and either have to regularise their status or leave the country in the usual way.

As of the end of September 2022, a decision was pending on approximately 188,000 applications, about 3% of the total received. Over half of those were less than three months old, so I think it fair to say that the system is operating well, but of course with any system on such a scale, some cases will take longer than they should. Applications take longer to process if they are incomplete or require the applicant to furnish more information before a decision can be made. Where applications have been pending for long periods, in the majority of cases this is a result of suitability or criminality concerns.

Approximately 1,500 Home Office staff continue to work on the scheme, including 300 staff in the resolution centre that exists to provide applicants with reassurance and assistance and answer their questions about the scheme. I hope that that gives a sense of the scale of the operation that we run at the Home Office and the effort that the Government are making to deliver the scheme as expeditiously and as fairly as possible.

The hon. Member asked about late applications. Although the deadline for applications was 30 June 2021, the Government have rightly chosen to operate a pragmatic approach. We have continued to encourage those who are eligible to apply as quickly as possible. This has been set out in very clear, non-exhaustive published guidance since 2021.

We have also made it clear that a person’s rights will be temporarily protected from the point at which a valid application to the scheme is made until they receive a decision on their application or the outcome of any administrative review or appeal. While the application is with the Home Office, there is no reason for any applicant to be concerned or for their rights to be affected.

The hon. Member asked a question about healthcare and sickness. It is true that the Independent Monitoring Authority has raised concerns about the scheme’s applicants with pending applications and questioned whether it is appropriate retrospectively to charge for healthcare if an application is ultimately refused. The Department of Health and Social Care, which leads on that aspect, is assessing its policy on the issue and is taking steps to clarify the position on charging late applicants if their application is ultimately unsuccessful. DHSC has already amended its guidance and communicated the change to the NHS via its communications channels, and I understand that it has committed to further liaison with the Independent Monitoring Authority on the issue. I hope that that provides the hon. Member with some reassurance.

[Stuart C. McDonald]

I am following quite a lot of what the Minister says. I think the issue that I raised in relation to health is very slightly different, because it is about charges incurred between the deadline and the submission of the application. The person I was speaking about has a good excuse, and it seems very strange that they will not be reimbursed any fees that they paid or will be pursued for any medical charges that they incurred at the time. Could the Minister encourage the Department of Health and Social Care to rethink that?

Secondly, the Minister has not really addressed the issue of transparency on how many late applications have been refused because they did not have a reasonable excuse, and how many applications for which a reasonable excuse was accepted have been refused because the criteria were not met. Is there any transparency on that?

[Robert Jenrick]

I will happily take up the hon. Member’s first point with the Department of Health and Social Care and revert to him. On his second point, I did give some guide as to the likely reasons why an application has been declined, but I will provide him with further statistics if it would be helpful.

The headline is that the vast majority of people who are rejected should not be here in the UK, for good reason, and their status is that of an irregular migrant to the UK. The hon. Member is right to say that that is a significant number of individuals; we will now need to work through it to ensure that those people either regularise their status or leave the UK as soon as possible.

On support and assistance for vulnerable groups, throughout the process we have been aware of the need to support those who may find this process more challenging. For that reason, we have set up a broad range of communications for minorities such as, for example, Roma and Traveller communities across the UK. The Home Office has also committed significant funding to support outreach to those communities, and that funding is ongoing. The resolution centre, which I mentioned earlier, is also available and fully staffed to support individuals by telephone or email seven days a week. We take that issue very seriously.

[Matt Rodda]

Will the Minister give way?

[Robert Jenrick]

If the hon. Gentleman does not mind, I will not give way because I have only a few minutes left and I would like to try to answer the remaining questions from the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East.

The use of digital services to access and share immigration status has continued to increase very significantly. Home Office transparency data shows there have been more than 14.5 million views by jobseekers and employers of the online right to work service, and approximately 1.8 million views by landlords and tenants of the online right to rent service.

It is right that, as far as possible, we move swiftly to digital products. That is the right approach to safeguard taxpayer value and to ensure we are providing individuals with the most portable and flexible means of proving their status. Of course, we are concerned to support those who might be left behind by a purely digital system, so we are paying close regard to those with lower digital skills, those who are vulnerable and those living in rural communities with poor access to the internet. We are fully committed to ensuring our systems are as accessible and as secure as possible. We know some will find online services more challenging, which is why we have a range of support available to them through the resolution centre.

We have been clear with landlords and employers about how to avoid unlawful discrimination when conducting checks. We have statutory codes of practice available on gov.uk stipulating that employers and landlords should provide individuals with every opportunity to demonstrate their right to work or rent; should not discriminate on the basis of nationality; and should be careful to support those who do not have access to digital forms of evidence, or who struggle to access them.

It is correct that the Home Office has chosen to implement banking checks and to recommence data sharing. This is an important tool in our armoury to tackle irregular and illegal migration, but the hon. Gentleman is right to say that we need to do it with great caution and to learn from the mistakes of the past. A great deal of work has been done in the Home Office in recent years to ensure the systems are more robust than they were in the past, and to ensure that those who fear they have been subject to injustice have a swift and appropriate route to redress.

I am grateful to the hon. Gentleman for raising so many questions that will be important to the millions of our fellow citizens and residents who wish to take part in the scheme. I hope I have answered the majority of his questions but, if I have missed any, I am more than happy to write to him. Overall, despite the vast and, at times, complex undertaking that was the EU settlement scheme, it has been a significant success. I pay tribute to the thousands of Home Office employees, past and present, who have been part of that endeavour. Our approach throughout has been generous, transparent and open to scrutiny. As it continues in the months and years ahead, I and my successors in the Home Office will do everything we can to ensure the scheme works for everyone here in the United Kingdom.

Question put and agreed to.