The meeting heard that despite the best intentions of the Home Office to protect the rights of EU citizens in the UK, as outlined in the Withdrawal Agreement, the system developed since 2018 is proving unfit for purpose for a significant minority of EU citizens.
Universally, no immigration application can ever be 100% effective and no digitised system is without drawbacks. The ability to digitize and the ability for users to access the new technologies can vary dramatically from country to country, meaning that while the direction of travel is consistent, the speed of change is not, the meeting heard.
As the UK’s roll out of the post Brexit settlement scheme involves millions of EU citizens, those for whom ongoing support is needed may number 100s of thousands- .
APPG heard from a panel of 4 experts about:
- EU citizens still facing difficulties in securing their status
- Particular challenges they face
- How will they be affected if they are unable to achieve settled status?
- Measures needed to mitigate the risks faced by vulnerable EU citizens?
Speakers
- Anna Yassin, Migrant Services and Advocacy Manager, Glass Door
- Chris Benn, Legal and Policy Manager, Seraphus
- Fiona Costello, EU Migrant Worker Project and Cambridge University
- Andrew Jordan, Senior Immigration Advisor, Settled
Primary concerns voiced by the experts fell into a number of categories:
-Late applications since the scheme deadline in 2023 -there have been 250,000 late applications;
In December 2024 the Home Office was still receiving 2,000 late applications per month. The meeting heard about individuals untouched by information campaigns, the elderly, the vulnerable and excluded with complex health and domestic situations as well as language and digital exclusion.
Submitting late applications is complex by nature of its lateness as well as the situation of the applicant, the ability of the applicant to provide évidence and navigate the rulers around evidence and delays caused by the changing standards and immigration rules.
-People getting separated from their status
Children and family members who may have been registered for Pre Settled or Settled
status where family circumstances change; divorces, bereavement or simply the loss of
original log in details . More common that at first appears.
-People in difficult situations
People divorcing or divorced, those who have been bereaved, or survivors of domestic
violence; those who lack capacity, those who have been waiting a long time for the decision on an appeal or administrative review, those trafficked and some awaiting outcome of criminal cases. Those who may have had recourse to unregistered advisors.
– Moving from Pre Settled status to Settled status
Where applicants lack the digital or admin footprint to move from PSS to Settled Status
(have no National insurance number or paper evidence ) and will struggle to prove their residence in the UK.
– The meeting heard about a migrant worker living in shared housing for 10 years, paying rent in cash with no lease agreement .People who accepted Pre Settled Status as an easier option and as their Pre Settled status is prolonged from 2 years to 5 years they move further away from the initial status without necessarily acquiring more information leaving them vulnerable to curtailment.
-Distance from the beginning of the scheme and absences
The further citizens are from the scheme the more likely their inability to achieve Settled Status becomes problematic -not only on the basis of evidence but also they may have absences that compromise their rights to Settled Status. It is possible there are individuals whose Pre Settled status is prolonged to 5 years but who already are ineligible for full Settled Status as they have been out of the country beyond the amount of time allowed.
-Advice Deserts and Funding
As all matters become complex and even managing status can require expert help.
There are many areas in the country where little or no free advice is available for EU
citizens. A number of advice agencies have closed, ceased providing advice or are
struggling to maintain their advice services. At the same time funding for advice work is diminishing
-The Home Office are tapering their funding , which, in any event, has been partial for the last 3 years.
Most advice givers (80% of advice givers polled in 2024) rely upon funding from charitable trusts and foundations who are themselves experiencing difficulties. The independent funding freeze identified in 2024 continues into 2025, with a number of major funders closed which amplifies the applications being made to those who remain open.
The parliamentarians present asked the panel and those attending to provide evidence of the need for advice funding as they are interested in investigating how the work can be funded, including the role of consulates and embassies whose citizens are affected.