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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

1007011

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, if his Department will carry out comprehensive sickness insurance checks for those who are economically inactive in order to check that applicants meet the suitability criterion for settled status whereby he or she 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.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191401
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 191400 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

1007012

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, how misuse of rights will be defined.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191402
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 191400 191401 191403 191404 191405 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1007143

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, what steps he is taking to ensure that workers with (a) zero-hours and (b) part-time contracts are not refused settled status as a result of their employment status.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191403
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 191400 191401 191402 191404 191405 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1007147

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 the procedural guarantees provided for in Article 17(3) of the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community will apply to applicants who are refused settled status on suitability grounds.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191404
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 191400 191401 191402 191403 191405 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1007148

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 has reviewed its definition of misuse of rights following the case of The Queen on the application of Gunars Gureckis v Secretary of State for the Home Department; The Queen on the application of Mariusz Cielecki v Secretary of State for the Home Department; The Queen on the application of Mariusz Perlinski v Secretary of State for the Home Department [2017] EWHC 3298 (Admin).
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191405
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 191400 191401 191402 191403 191404 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1005683

registered interest
date	12/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Immigration: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, with reference to the Home Office's news story entitled New fund to support vulnerable EU citizens apply for settled status, published on 25 October 2018, for what reasons that fund has been set up rather than his Department extending provision of legal aid to cover vulnerable EU citizens applying for pre-settled and settled status.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	190453
answer	answer is ministerial correction date of answer 15/11/2018 answer text <p>The EU Settlement Scheme will provide a streamlined, user-friendly process, in line with the draft Withdrawal Agreement with the European Union published on 19 March 2018. This scheme will allow resident EU citizens and their family members to apply to obtain the UK immigration status which they will require in order to remain in the UK beyond the end of the planned implementation period on 31 December 2020.</p><p> </p><p>For those EU citizens who might need additional help when applying under the scheme, the Home Office have announced a grant scheme for the voluntary and community sector which will help ensure support is available.</p><p> </p><p>Legal aid may be available through Exceptional Case Funding, where there is a breach, or risk of a breach, of enforceable EU law or ECHR rights.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer question first answered 15/11/2018 17:31:33 answering member 4517 label Biography information for Lucy Frazer
tabling member	4058 label Biography information for Paul Blomfield

1003595

registered interest
date	09/11/2018
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 his Department’s announcement of 25 October 2018, New fund to support vulnerable EU citizens apply for settled status, whether that grant funding will be available to law firms.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	189673
answer	answer is ministerial correction date of answer 06/02/2019 answer text <p>The invitation to tender documents will describe any constraints on what the funding may be utilised for in order to ensure the grant funding is delivered for intended outcomes and any restrictions on which organisations may apply. <br>The grant scheme will enable organisations across the UK to apply for funding to support vulnerable EU citizens. Data modelling and sector engagement have been used to gauge potential geographical coverage and associated volumes that might be supported.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 06/02/2019 15:04:46 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1003596

registered interest
date	09/11/2018
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 his Department’s announcement of 25 October 2018 of a new fund to support vulnerable EU citizens apply for settled status, what assessment his Department has made of (a) the number of voluntary and community organisations which will be able to receive funds under this scheme, (b) the geographical coverage of those organisations and (c) whether the level of funding will be sufficient to meet demand for that support.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	189674
answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>The invitation to tender documents will describe any constraints on what the funding may be utilised for in order to ensure the grant funding is delivered for intended outcomes and any restrictions on which organisations may apply. The grant scheme will enable organisations across the UK to apply for funding to support vulnerable EU citizens. Data modelling and sector engagement have been used to gauge potential geographical coverage and associated volumes that might be supported.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 20/11/2018 16:13:39 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1002748

registered interest
date	06/11/2018
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, whether a person will be refused settled status on grounds of suitability if they (a) have criminal convictions (b) are the subject of an extant deportation order or of a decision to make a deportation order (c) are the subject of an extant exclusion order or exclusion decision and (d) are 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.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	188816
answer	answer is ministerial correction date of answer 12/11/2018 answer text <p>In line with the draft Withdrawal Agreement with the European Union published on 19 March 2018, criminality and security checks will be carried out on applications for status under the EU Settlement Scheme and conduct (including any criminal convictions relating to it) before the end of the planned implementation period on 31 December 2020 will be assessed according to the current EU public policy and security tests for deportation. These are set out in the Immigration (European Economic Area) Regulations 2016.</p><p>Consistent with the draft Withdrawal Agreement, an applicant will be refused settled status under the scheme on the grounds of suitability where, at the date of decision, any of the criteria set out in paragraph EU15 of Appendix EU to the Immigration Rules applies.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 188817 question first answered 12/11/2018 17:12:43 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield