The backlog in EU settlement scheme (EUSS) applications and
certificates is having serious consequences which could lead to
Windrush-type scenarios and scandals; and continued risk that a
digital-only proof-of-status- system disadvantages elderly and
“digitally-challenged”.
These are some of the concerns the House of Lords European Affairs
Committee has put to the Home Secretary, Rt Hon MP, today (25 May 2023)
in a follow-up letter to
its report on Citizens
Rights published in July 2021.
The Committee heard evidence that the
rights of EU citizens in the UK and UK citizens in the EU remain
live issues across the following areas: delays to applications to
the EUSS; the digital proof of status system for EU citizens; an
EUSS database error; residence schemes for UK citizens in the EU;
travel arrangements; and support for UK citizens. The Home
Secretary has been asked to respond to the Committee by 26 June
2023.
Key concerns include:
Delays to applications to the
EUSS
-
Despite initial deadlines passing for applying to the EUSS and
the various residence schemes, substantial numbers of
applications, including complex cases, continue to be received.
In December 2022, there were approximately 181,000 applications
pending a decision. The Committee heard evidence that these
delays are having serious consequences and could lead to
“Windrush-type scenarios”.
- The
Committee was told that those with pending applications are
unable to claim a range of social rights: unable to apply for a
provisional driving licence or EHIC card, that it “looks like you
cannot apply for a national insurance number” and that those in
this situation “struggle to get universal credit”. They heard
that in some cases applicants are “advised not to travel out”
while decisions are pending and so are “effectively imprisoned”
in the UK.
- The
Committee therefore asks for clarity from the Government about
the ability of individuals with pending applications to access
benefits and to apply for official documents.
- The
Committee has also asked the Home Secretary to indicate what
additional resources have been allocated to address the backlog
of applications and steps taken to ensure sufficient resources
are in place to handle complex cases more efficiently.
Digital Status
- The
Committee reiterates previous concerns about the digital-only
system for proof that an EU citizen has successfully accessed
their rights under the EU Settlement Scheme. The absence of a
physical document for proof of status creates the risk that many
EU citizens, including the elderly and those who are digitally
challenged, may struggle to prove their rights.
- The
committee recommends the Government offer holders of settled or
pre-settled status the option to request a physical proof of
status document along the lines of Covid documents issued to
those who requested them and asks for justification for
continuing to deny individuals this option.
Moving from pre-settled to settled
status
- Five
months on from the High Court judgment ruling that the design of
the EUSS was unlawful, and as the current deadline for
applications approaches, there is still no clarity on how the
residence rights of holders of pre-settled status will be
guaranteed, and whether they will still be required to complete
an application for settled status to secure their rights. The
Committee asks the Home Secretary for clarity on this without
further delay.
EUSS Database error
- The
Committee asks for the Home Secretary's assessment of the EUSS
database error in January 2023, which led to an incorrect
application status being displayed online for approximately
146,000 people for an extended period of time. The Committee
expresses deep concern to hear some people may need to make
repayments for benefits or pay for healthcare services that they
received retrospectively and requests clarity on this
matter.
UK citizens’ rights in the EU
- The
Committee were made aware of serious problems with residence
schemes in some EU countries, including Sweden, Denmark and
Portugal. It heard of refused applications for vulnerable UK
residents, including a British woman with Alzheimer’s living in a
care home in Sweden threatened with deportation and a family with
four young children.
- The
Committee urges the Home Secretary to raise systemic issues
relating to the rights of UK citizens under the Withdrawal
Agreement with the European Commission as they arise.
Travel
- The
Committee heard reports from witnesses that UK citizens have
frequently experienced issues while travelling between the EU and
the UK, including misunderstandings by Schengen border officials
on documentation and in one case leading to an incorrect charge
for an alleged immigration offence.
- The
Committee urges the Home Secretary to work with the European
Commission and the authorities in EU Member States to ensure that
guidance to border authorities is made as clear as
possible.
- The
Committee asks for further assurance on steps being taken to
ensure no disruption to travel between the EU and the UK as a
result of the EU’s proposed introduction of the Electronic Travel
Information and Authorisation System (ETIAS).
Support for UK citizens
- The
Committee is very concerned to hear resources to support UK
citizens in the EU on citizens’ rights issues have been
substantially scaled back since its initial 2021 inquiry. The
Committee calls for sufficient resources to be put in place to
enable embassies and non-governmental organization to support the
substantial number of UK citizens that continue to face
challenges associated with exercising their rights under the
Withdrawal Agreement.
Read the full letter at: https://committees.parliament.uk/publications/40142/documents/195711/default/
Lord Wood, Acting European Affairs Committee Chair
said:
“It is clear from the evidence we received that
there continues to be a range of serious concerns about the
rights of both EU citizens in the UK and UK citizens in the
EU.
“We are particularly concerned that the backlog that has
developed as a result of delays to applications to the EU
Settlement Scheme is having a serious impact on individuals who
are living in uncertainty, leaving them unable to make the
fundamental decisions they need to live their lives, access work
or support, or even travel outside of the
UK.
“We are also concerned to hear about significant problems
with residence schemes for UK citizens in some EU countries, and
that resources to support UK citizens in the EU have been cut
back.
“As the passage of time since the UK’s exit from the EU
grows, it is imperative that the rights of UK and EU citizens’
remain a top priority and continue to receive the highest
political attention.
“ The success of both the UK and EU in handling these issues,
in conformity with treaty obligations, will inevitably affect the
overall relationship between the UK and the EU in the months and
years to come”.
Notes to Editors
- The Committee’s follow-up letter to the Home Secretary is
available at: https://committees.parliament.uk/publications/40142/documents/195711/default/
- The transcript for the Committee’s follow-up evidence session
on citizens rights on Tuesday 16 May is available
at: https://committees.parliament.uk/oralevidence/13148/pdf/
- The Committee’s report on citizen’s rights published in July
2021 is available at: https://committees.parliament.uk/publications/6900/documents/72571/default/
