LONDON. Minister for Immigration Kevin Foster, official data say that the UK government has received from EU citizens who wanted to stay in the UK 6 million “EU Settlement Scheme” applications, of which 5.4 accepted, a number you expected, despite the EU citizens were officially deemed to be less than this before Brexit? The Settlement Scheme program has incidentally provoked the emergence of many previously unregistered European citizens, such as many Italian ones, whose numbers were officially deemed to be pretty lower.
“Firstly, we’re delighted so many people have been rightly granted status through the hugely successful EU Settlement Scheme, but we do not hold data on the total number of EEA citizens in the UK, since individuals were not required to register with the Home Office under free movement law. This information would also fail to reflect the many non-EEA nationals who also qualify for the EUSS, including family members of EEA citizens resident in the UK by the end of the transition period amongst others.”
“The estimate of EU citizens and their family members eligible for the EUSS made for the Impact Assessment – of between 3.5 million and 4.1 million (excluding Irish citizens) – was primarily based on Office for National Statistics Annual Population Survey data, which estimates the resident population, and therefore cannot be directly compared to applications made to the EU Settlement Scheme.”
Minister Foster, are you, as government and Home Office, satisfied about this outcome? Mission accomplished?
“Once again, I am delighted more 6 million applications were made by the deadline, but there is much more still to do. Those with reasonable grounds for missing the deadline are still able to apply. We have built in safeguards to protect those who have not yet applied, but who may still be eligible which means everybody will be able to get the status they deserve.”
“We have published non-exhaustive guidance on making late applications, to underpin a flexible and pragmatic approach. The scope to make a late application based on reasonable grounds for missing the relevant deadline is also indefinite. So, for example, a person who finds when they turn 18 and apply to work or study that an application was not made for them, will still be able to apply.”
“To reach those who may still need to make an application, we are working with the Department for Work and Pensions and HM Revenue & Customs to identify existing benefit claimants who have yet to apply for status under the EUSS. We also continue to provide a wide range of support online, over the phone and in person to help people apply to the EU Settlement Scheme. For example, the Home Office will continue funding a network of 72 organisations across the UK which includes charities, local authorities and local government associations. They are working to help vulnerable and harder to reach groups apply to the scheme.”
How many applications are you receiving right now beyond the deadline?
“Over 108,000 applications have been received since 30 June 2021. But it’s worth noting not all of these will be late applications. This number will include a mix of late applicants, joining family members of people who have already been granted status, and those moving from pre-settled to settled status.”
How many applications filed before 30 June 2021 are to be processed yet and how much time do you expect to take?
“The success of the EU Settlement Scheme means there has been a higher volume of applications than any estimate. We also saw significant increases in the number of people applying ahead of the deadline, with more than 400,000 applying in June 2021 alone.”
“As of 31 August 2021, there are around 400,000 applications pending an outcome. Our team of 1,500 caseworkers are working through thousands of these outstanding applications every day. But whilst we are working to get these concluded as quickly as possible, the outstanding cases are increasingly more complex and unable to be verified by automated checks. In this situation, we actively work with applicants to help them secure the status they are entitled to. Anyone who applied to the scheme by the 30 June deadline, but has not had a decision, has their rights protected until their application is decided. This is set out in law.”
As the number of job vacancies is at record numbers right now in the UK, are you thinking of relax the immigration rules in the long term? Or do you think this is just a temporary problem for UK employment?
“I have seen the discussions around the link between job vacancies and labour shortages in the UK and the role of the points-based immigration system, but there are no plans to relax the Immigration Rules.”
“We do not accept the points-based system is the key cause of labour shortages in the UK, not least because we can see similar scarcities across the EU, specifically in areas like hospitality and truck driving. In any case, uncontrolled immigration from the EU is simply not a long-term solution whilst many UK citizens remain out of work or face the need to find new employment as furlough comes to an end.”
“If jobs are not attractive to UK citizens, they will not be attractive to individual migrants, once they have settled and are no longer subject to work restrictions. This results in a reliance on a continual inflow of migrant workers and does nothing to tackle the root causes of labour shortages such as low pay or failure to address the reasons why people have left the roles concerned.”
“Furthermore, having over 6 million applications under the EU Settlement Scheme (EUSS) means those with a status under EUSS can continue to live and work in the UK. People with settled status who have left the UK are free to return within five years, and those with pre-settled status can return within 2 years, meaning this pool of labour continues to be available to UK employers to recruit from, even where workers have returned overseas.”
How many of those individuals who filed 145,200 refused applications, 94,300 withdrawn or void applications, or 84,300 invalid applications still live in the UK, according to your information? Do you know how many have left or have been deported to their country of origin so far?
“These numbers do not tell the full story. For instance, we now know that around 8% of applications to the EUSS are repeat applications. So many of those who have withdrawn or had their applications voided, will simply be applying again, as they are rightly still eligible to apply.”
“Regarding the refusals, they are always a last resort. Our caseworkers are trained to look for reasons to grant status rather than refuse. We will continue to take a proportionate, pragmatic approach to the operation of compliant environment and enforcement measures. In the event of a refusal, the Home Office will write to applicants, to explain why they have been refused and what steps they need to take. If an individual disagrees with the decision to refuse their application, they can ask for an administrative review of the decision.”
“Anyone who applied after 11pm on 31 January 2020 will also have a right of appeal. For those who applied before 30 June 2021, and for late applicants and joining family members, their rights are protected pending the outcome of their application, including any appeal.”
What are you going to do with those whose applications have been refused and were not acceptable, if they are not going to leave the UK?
“EU nationals who have been refused status, and who remain in the country, will be in the UK illegally. At that point those people should take steps to leave. We expect people to leave the country voluntarily but, where they do not, Immigration Enforcement will seek to enforce their departure.”
“The public rightly expects us to remove those who have no right to be in the UK, just as the Italian government would, for example, want to removed UK citizens with no right to be in their country or who have abused the hospitality of the Italian people by committing criminal offences.”
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