The Government has today (Tuesday, 7 November) offered further
reassurance for EU citizens and their family members by setting
out further details of how its new settled status scheme will
operate.
Caseworkers considering applications will able to use their
discretion where appropriate meaning those applying to stay in
the UK after we leave the EU will not have their applications
refused for minor technicalities. We expect the majority of cases
to be granted.
EU citizens will also be given a statutory right of appeal, in
line with their current rights through the Free Movement
Directive, if their application is unsuccessful.
In a technical document sent to the European Commission as part
of negotiations, the government reiterates how the new system
will be streamlined, low-cost and user-friendly, with EU citizens
consulted on its design.
The Prime Minister has been clear that safeguarding the rights of
EU citizens living in the UK and UK nationals in Europe is the
first priority for negotiations and she said last month that an
agreement is within touching distance.
Secretary of State for Exiting the EU, said:
“We have been clear that safeguarding the rights of EU citizens
is our top priority in negotiations. They make a huge
contribution to our economy and society and we do not want to see
that change as a result of our decision to leave the EU.
“We will support everyone wishing to stay to gain settled status
through a new straightforward, streamlined system.
“The last negotiation round saw real progress in this area and
I hope the document we have published today can
facilitate the deal we need to guarantee the rights of UK
citizens living in the EU27, and vice versa."
The document commits to:
- · Giving
EU citizens plenty of time to apply, with a two-year grace period
after we leave the EU to make an application for settled status.
-
· Minimising
the documentary evidence that applicants need to provide and
enabling caseworkers to contact applicants to resolve minor
issues.
-
· Keeping
the cost of an application to no more than that of a British
passport.
- · Giving
EU citizens a statutory right of appeal, in line with their
current rights through the Free Movement Directive, if their
application is unsuccessful.
- · Making
decisions solely on the criteria set out in the Withdrawal
Agreement, with no discretion for other reasons for refusal.
-
· Introducing
a digital, streamlined and user friendly application system
- · Not
requiring EU citizens to have held comprehensive sickness
insurance or to provide fingerprints.
- · A
simpler, lower cost process for those who already have permanent
residence documentation.
Home Secretary said:
“We have been clear that EU citizens living in the UK make
an enormous contribution to our country and we want them to stay.
“Applying for settled status will be a streamlined, low-cost,
digital process and EU citizens are being consulted on its design
to ensure it is user-friendly.
“We know that there is some anxiety among EU citizens about how
the process of applying for settled status will work so I hope
this document provides some further reassurance.”
The document also sets out that applicants will be asked to
declare any criminal convictions and be checked against UK
security databases. This is a reasonable measure to keep the
country safe from those who have committed serious crimes.
NOTES TO EDITORS
- 1. The technical document can be found
on Gov.UK here: https://www.gov.uk/government/publications/citizens-rights-administrative-procedures-in-the-uk