Linked Data API

Show Search Form

Search Results

1015407
registered interest false more like this
date less than 2018-11-27more like thismore than 2018-11-27
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 196154 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-12-03more like thismore than 2018-12-03
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> more like this
answering member constituency Romsey and Southampton North more like this
answering member printed Caroline Nokes more like this
grouped question UIN 196155 more like this
question first answered
less than 2018-12-03T17:20:28.737Zmore like thismore than 2018-12-03T17:20:28.737Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this
1015408
registered interest false more like this
date less than 2018-11-27more like thismore than 2018-11-27
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 196155 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-12-03more like thismore than 2018-12-03
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> more like this
answering member constituency Romsey and Southampton North more like this
answering member printed Caroline Nokes more like this
grouped question UIN 196154 more like this
question first answered
less than 2018-12-03T17:20:28.8Zmore like thismore than 2018-12-03T17:20:28.8Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this
1015409
registered interest false more like this
date less than 2018-11-27more like thismore than 2018-11-27
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 196233 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-12-03more like thismore than 2018-12-03
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 more like this
answering member printed Caroline Nokes more like this
grouped question UIN 196234 more like this
question first answered
less than 2018-12-03T17:13:45.697Zmore like thismore than 2018-12-03T17:13:45.697Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this
1010173
registered interest false more like this
date less than 2018-11-19more like thismore than 2018-11-19
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 192820 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-11-22more like thismore than 2018-11-22
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 more like this
answering member printed Caroline Nokes more like this
question first answered
less than 2018-11-22T14:14:32.653Zmore like thismore than 2018-11-22T14:14:32.653Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this
1007009
registered interest false more like this
date less than 2018-11-14more like thismore than 2018-11-14
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 191400 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-11-19more like thismore than 2018-11-19
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 more like this
answering member printed Caroline Nokes more like this
grouped question UIN
191401 more like this
191402 more like this
191403 more like this
191404 more like this
191405 more like this
question first answered
less than 2018-11-19T18:00:12.92Zmore like thismore than 2018-11-19T18:00:12.92Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this
1007011
registered interest false more like this
date less than 2018-11-14more like thismore than 2018-11-14
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 191401 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-11-19more like thismore than 2018-11-19
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 more like this
answering member printed Caroline Nokes more like this
grouped question UIN
191400 more like this
191402 more like this
191403 more like this
191404 more like this
191405 more like this
question first answered
less than 2018-11-19T18:00:12.997Zmore like thismore than 2018-11-19T18:00:12.997Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this
1007012
registered interest false more like this
date less than 2018-11-14more like thismore than 2018-11-14
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 191402 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-11-19more like thismore than 2018-11-19
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 more like this
answering member printed Caroline Nokes more like this
grouped question UIN
191400 more like this
191401 more like this
191403 more like this
191404 more like this
191405 more like this
question first answered
less than 2018-11-19T18:00:13.06Zmore like thismore than 2018-11-19T18:00:13.06Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this
1007143
registered interest false more like this
date less than 2018-11-14more like thismore than 2018-11-14
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 191403 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-11-19more like thismore than 2018-11-19
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 more like this
answering member printed Caroline Nokes more like this
grouped question UIN
191400 more like this
191401 more like this
191402 more like this
191404 more like this
191405 more like this
question first answered
less than 2018-11-19T18:00:13.123Zmore like thismore than 2018-11-19T18:00:13.123Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this
1007147
registered interest false more like this
date less than 2018-11-14more like thismore than 2018-11-14
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 191404 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-11-19more like thismore than 2018-11-19
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 more like this
answering member printed Caroline Nokes more like this
grouped question UIN
191400 more like this
191401 more like this
191402 more like this
191403 more like this
191405 more like this
question first answered
less than 2018-11-19T18:00:13.183Zmore like thismore than 2018-11-19T18:00:13.183Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this
1007148
registered interest false more like this
date less than 2018-11-14more like thismore than 2018-11-14
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Immigration: EU Nationals remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
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). more like this
tabling member constituency Sheffield Central more like this
tabling member printed
Paul Blomfield remove filter
uin 191405 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-11-19more like thismore than 2018-11-19
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 more like this
answering member printed Caroline Nokes more like this
grouped question UIN
191400 more like this
191401 more like this
191402 more like this
191403 more like this
191404 more like this
question first answered
less than 2018-11-19T18:00:13.263Zmore like thismore than 2018-11-19T18:00:13.263Z
answering member
4048
label Biography information for Caroline Nokes more like this
tabling member
4058
label Biography information for Paul Blomfield more like this