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1024777

registered interest
date	13/12/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(a) and (b), in cases where there is an existing deportation or exclusion order at the date of application, whether caseworkers will make a case-by-case assessment of current threat in accordance with Article 27 of Directive 2004/38/EC prior to a refusal or granting of settled status.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	202076
answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>In line with the draft Withdrawal Agreement with the European Union, criminality and security checks will be carried out on applications for status under the EU Settlement Scheme.</p><p>Applications will be assessed on a case-by-case basis and any conduct (including any criminal convictions relating to it) be-fore the end of the planned implementation period on 31 December 2020 will be assessed according to the current EU law public policy and security tests for deportation or exclusion. These are set out in the Immigration (European Economic Area) Regulations 2016, in accordance with Article 27 of the Free Movement Directive.</p><p>Consistent with the draft Withdrawal Agreement, an applicant will be refused status under the scheme on the grounds of suitability where, at the date of decision, the applicant is subject to a deportation order or a decision to make a deportation order, or to an exclusion order.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 202077 question first answered 18/12/2018 14:30:30 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1024778

registered interest
date	13/12/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(a) and (b), where evidence arises that could lead to the issue of a deportation or exclusion order, if the assessing caseworker will make a case-by-case assessment of current threat in accordance with Article 27 of Directive 2004/38/EC prior to refusal or granting of settled status.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	202077
answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>In line with the draft Withdrawal Agreement with the European Union, criminality and security checks will be carried out on applications for status under the EU Settlement Scheme.</p><p>Applications will be assessed on a case-by-case basis and any conduct (including any criminal convictions relating to it) be-fore the end of the planned implementation period on 31 December 2020 will be assessed according to the current EU law public policy and security tests for deportation or exclusion. These are set out in the Immigration (European Economic Area) Regulations 2016, in accordance with Article 27 of the Free Movement Directive.</p><p>Consistent with the draft Withdrawal Agreement, an applicant will be refused status under the scheme on the grounds of suitability where, at the date of decision, the applicant is subject to a deportation order or a decision to make a deportation order, or to an exclusion order.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 202076 question first answered 18/12/2018 14:30:31 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1024781

registered interest
date	13/12/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(c), and pursuant to the Answer of 19 November 2018 to Question 192820, what evidence of exercise of Treaty rights his Department requires for eligibility under the settled status scheme.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	202078
answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>The EU Settlement Scheme for which Appendix EU to the Immigration Rules provides reflects the breadth of provision made by the Free Movement Directive for rights of residence. These include rights of permanent residence with less than five years’ continuous residence in particular circumstances, and retained rights of residence where particular criteria are met. In line with the draft Withdrawal Agreement with the European Union, these are reflected in the requirements for eligibility for status under the scheme contained in Appendix EU.</p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights. Consistent with this, an applicant will be refused status under the scheme where they are subject, at the date of decision on the application, to a removal decision under the Immigration (Eu-ropean Economic Area) Regulations 2016 on the grounds of non-exercise or misuse of those rights.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 202079 question first answered 18/12/2018 14:28:54 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1024782

registered interest
date	13/12/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(c) and pursuant to the Answer of 19 November 2018 to Question 192820, in what circumstances an applicant will be refused status on grounds of non-exercise of Treaty rights.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	202079
answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>The EU Settlement Scheme for which Appendix EU to the Immigration Rules provides reflects the breadth of provision made by the Free Movement Directive for rights of residence. These include rights of permanent residence with less than five years’ continuous residence in particular circumstances, and retained rights of residence where particular criteria are met. In line with the draft Withdrawal Agreement with the European Union, these are reflected in the requirements for eligibility for status under the scheme contained in Appendix EU.</p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights. Consistent with this, an applicant will be refused status under the scheme where they are subject, at the date of decision on the application, to a removal decision under the Immigration (Eu-ropean Economic Area) Regulations 2016 on the grounds of non-exercise or misuse of those rights.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 202078 question first answered 18/12/2018 14:28:54 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1015407

registered interest
date	27/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what assessment he has made of merits of providing physical documentation to holders of settled status as proof of their legal status.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	196154
answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>The Home Office is producing a new, simplified digital system for applications for settled status. Their status will be recorded electronically, and the Home Office will have a permanent record of EU citizens and their family members who are living here with settled status.</p><p>Until the end of the implementation period, EU citizens can continue to prove their right to work using their EU passport or national identity card. Third Country National family members of EU citizens will have biometric documentation in addition to an online digital status to enable them to evidence easily their status in the UK.</p><p>After that they will be able to do so via a straightforward online process which will enable them to demonstrate their rights to employers in a secure and streamlined way using real time information provided from Home Office records.</p><p> </p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 196155 question first answered 03/12/2018 17:20:28 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1015408

registered interest
date	27/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what alternative proof of legal status the Government plans to be available to holders of settled status in the event that they lose access to their digital proof.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	196155
answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>The Home Office is producing a new, simplified digital system for applications for settled status. Their status will be recorded electronically, and the Home Office will have a permanent record of EU citizens and their family members who are living here with settled status.</p><p>Until the end of the implementation period, EU citizens can continue to prove their right to work using their EU passport or national identity card. Third Country National family members of EU citizens will have biometric documentation in addition to an online digital status to enable them to evidence easily their status in the UK.</p><p>After that they will be able to do so via a straightforward online process which will enable them to demonstrate their rights to employers in a secure and streamlined way using real time information provided from Home Office records.</p><p> </p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 196154 question first answered 03/12/2018 17:20:28 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1015409

registered interest
date	27/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, with which (a) other public and (b) private sector organisations in (i) the UK and (ii) overseas his Department plans to be able to share the biometric data provided by applicants to the EU Settlement Scheme.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	196233
answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>Biometrics enrolled as part of an application to the EU Settlement Scheme will be stored and used in accordance with the rules set by Parliament as set out within the Immigration (Physical Data) Regulations 2006, as amended. This includes sharing biometrics with other law enforcement organisations to prevent, detect and prosecute crime and in the interest of national security. Further information on this is set out in the Borders, Immigration and Citizenship privacy information notice: <a href="https://www.gov.uk/government/publications/personal-information-use-in-borders-immigration-and-citizenship/borders-immigration-and-citizenship-privacy-information-notice" target="_blank">https://www.gov.uk/government/publications/personal-information-use-in-borders-immigration-and-citizenship/borders-immigration-and-citizenship-privacy-information-notice</a>.</p><p>Biometrics enrolled under the EU Settlement Scheme are securely stored on the Immigration and Asylum Biometric System along with other biometrics taken for immigration and nationality purposes.</p><p>Those granted status under the EU Settlement Scheme can access information about their immigration status and entitlements via a secure online service. This includes their name, status information and their facial image. Individuals can then choose to grant access to this information to employers and other service providers. By giving individuals direct access to their own data and the ability to share this with service providers we are giving them greater transparency, clarity and control. With online services, we can also ensure that service providers see only the information that is relevant and proportionate to their need, in a way that is not possible via a single document as evidence of status.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 196234 question first answered 03/12/2018 17:13:45 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1015410

registered interest
date	27/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what steps his Department plans to take to ensure that biometric data provided by applicants to the EU Settlement Scheme will be securely protected.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	196234
answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>Biometrics enrolled as part of an application to the EU Settlement Scheme will be stored and used in accordance with the rules set by Parliament as set out within the Immigration (Physical Data) Regulations 2006, as amended. This includes sharing biometrics with other law enforcement organisations to prevent, detect and prosecute crime and in the interest of national security. Further information on this is set out in the Borders, Immigration and Citizenship privacy information notice: <a href="https://www.gov.uk/government/publications/personal-information-use-in-borders-immigration-and-citizenship/borders-immigration-and-citizenship-privacy-information-notice" target="_blank">https://www.gov.uk/government/publications/personal-information-use-in-borders-immigration-and-citizenship/borders-immigration-and-citizenship-privacy-information-notice</a>.</p><p>Biometrics enrolled under the EU Settlement Scheme are securely stored on the Immigration and Asylum Biometric System along with other biometrics taken for immigration and nationality purposes.</p><p>Those granted status under the EU Settlement Scheme can access information about their immigration status and entitlements via a secure online service. This includes their name, status information and their facial image. Individuals can then choose to grant access to this information to employers and other service providers. By giving individuals direct access to their own data and the ability to share this with service providers we are giving them greater transparency, clarity and control. With online services, we can also ensure that service providers see only the information that is relevant and proportionate to their need, in a way that is not possible via a single document as evidence of status.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 196233 question first answered 03/12/2018 17:13:45 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1010173

registered interest
date	19/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, with reference to the suitability criterion for Settled Status that the applicant must not be subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC, whether his Department will check whether (a) each applicant for Settled Status is exercising their rights under Directive 2004/38/EC or (b) it is those subject to a removal decision before they make their application for Settled Status who will be refused on suitability grounds.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	192820
answer	answer is ministerial correction date of answer 22/11/2018 answer text <p>The Statement of Intent on the EU Settlement Scheme published on 21 June 2018 made clear that the UK has decided, as a matter of domestic policy, to be more generous than the draft Withdrawal Agreement with the European Union in certain respects. In particular, those applying under the scheme will not generally be required to show that they are exercising their rights under the Free Movement Directive (2004/38/EC). This means that an applicant will not be refused status under the scheme because for example they are not economically active, their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p>However, the draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights. This means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, as a matter of law, for a person to be removed from the UK on those grounds. It is logical that this is reflected in the Immigration Rules for the EU Settlement Scheme.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 22/11/2018 14:14:32 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1007009

registered interest
date	14/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, with reference to the Government's suitability criterion for settled status that the applicant must not be subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC, whether his Department plans for non-working carers to be refused settled status on grounds of suitability.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191400
answer	answer is ministerial correction date of answer 19/11/2018 answer text <p>The draft Withdrawal Agreement with the European Union published on 14 November 2018 protects the rights of EU citizens resident in the UK by the end of the planned implementation period on 31 December 2020 and their family members. Article 20 sets out the circumstances in which it may be appropriate to restrict the right of entry or residence to such an EU citizen or their family member.</p><p> </p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights, and it means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, consistent with the relevant case law, for a person to be removed from the UK on those grounds. It is logical that this is reflected in the Immigration Rules and published caseworker guidance for the EU Settlement Scheme, as it is in the provisions of and published caseworker guidance for the Immigration (European Economic Area) Regulations 2016 which provide for the operation in the UK of the Free Movement Directive (2004/83/EC). The guidance on the Regulations sets out how misuse of free movement rights is assessed and was reviewed following the Gureckis, Cielecki and Perlinski judgments in 2017.</p><p> </p><p>However, the Statement of Intent on the EU Settlement Scheme published on 21 June 2018 made clear that the UK has decided, as a matter of domestic policy, to be more generous than the draft Withdrawal Agreement in certain respects. In particular, those applying under the scheme will not be required to show that they meet all the requirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance or generally to detail the exercise of specific rights under EU law, such as the right to work. This means that an applicant will not be refused status under the scheme because for example they are not economically active, their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p> </p><p>An applicant refused status under the EU Settlement Scheme on eligibility or suitability grounds will be covered by the procedural guarantees provided for in Article 18(3) of the draft Withdrawal Agreement. Subject to Parliamentary approval of the primary legislation required to establish a right of appeal for the scheme, we intend that, consistent with Articles 18(3) and 21 of the draft Withdrawal Agreement, those applying under the scheme from 30 March 2019 will be given a statutory right of appeal if their application is refused.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 191401 191402 191403 191404 191405 question first answered 19/11/2018 18:00:12 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield