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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

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

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

1002749

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 it is his Department's policy that people subject to removal orders for non-exercise of Treaty rights between now and the end of the implementation period under the EU Withdrawal Agreement are to be excluded from Settled Status; and if he will make a statement.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	188817
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 188816 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

1002750

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, with reference to his Department’s announcement of 25 October 2018, New fund to support vulnerable EU citizens apply for settled status, whether he has received advice from the Office of the Immigration Services Commissioner (OISC) (a) that organisations operating under that fund need to be registered with the OISC to assist with applications in relation to the EU Settlement Scheme unless otherwise exempt or regulated to provide immigration advice and (b) on what levels of competence organisations operating under that fund should have.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	188818
answer	answer is ministerial correction date of answer 16/11/2018 answer text <p>We are working very closely with The Office of the Immigration Services Commissioner (OISC) to make this work for genuine voluntary organisations and community groups that want to help EU citizens and their family members.</p><p>All organisations placing bids will need to be aware of the level of OISC registration that they may require in line with the services they are proposing to provide in supporting vulnerable persons applying under the EU Settlement Scheme.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 16/11/2018 12:11:40 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

997355

registered interest
date	29/10/2018
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, pursuant to the oral contribution of the Minister for Immigration of 21 June 2018 on EU Settlement Scheme, Official Report, column, 508, what steps he is taking to ensure that victims of trafficking and modern slavery are not excluded from the scheme as a result of criminal convictions received in (a) the UK and (b) other countries.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	185054
answer	answer is ministerial correction date of answer 01/11/2018 answer text <p>In line with the draft Withdrawal Agreement, conduct (including any criminal convictions) before the end of the implementation period will be assessed according to the current EU public policy and security tests for deportation, as set out in the EEA Regulations 2016.</p><p>The decision to deport under the EU public policy or security tests must be based exclusively on the personal conduct of the individual concerned, which must present a genuine, present and sufficiently serious threat to one of the fundamental interests in society and must take into account proportionality considerations; including how long the person has resided in the UK, their age, state of health, family and economic circumstances, social and cultural integration, and the extent of their links with the country of origin.</p><p>Victims of trafficking and modern slavery who have committed crimes either in the UK or overseas are not exempt from this assessment. As with the operation of the statutory defence for victims of slavery forced to commit criminal acts by their traffickers (s45 of the Modern Slavery Act 2015), an assessment will be made on a case-by-case basis of the relationship between the crime committed and the circumstances of their trafficking or enslavement. This will be considered as part of the proportionality assessment set out above.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 01/11/2018 17:04:49 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

992848

registered interest
date	22/10/2018
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 Oral contribution of 21 June 2018 by the Minister for Immigration on the EU Settlement Scheme, Official Report, column 508, what provisions he plans to put in place for victims of trafficking and modern slavery to help them prove their residency in order to obtain Settled Status.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	182184
answer	answer is ministerial correction date of answer 25/10/2018 answer text <p>As set out in the Statement of Intent published on 21 June 2018, the EU Settlement Scheme will adopt a flexible approach to evidence of both identity and residence.</p><p>The published caseworker guidance includes a broad range of evidence that caseworkers can accept to establish the applicant’s claimed period of residence in the UK. This includes confirmation from another Government department or agency, such as the National Crime Agency which oversees the National Referral Mechanism for victims of trafficking and modern slavery.</p><p>The Home Office will also accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or due to compelling practical or compassionate reasons. This could include where passports or national identity cards have been confiscated by organised criminal gangs involved in trafficking.</p><p>Furthermore, arrangements are being developed for a range of support to be offered by the Home Office and third parties such as community groups and charities. These include direct support arrangements to assist vulnerable individuals throughout the application process, through tailored telephone advice and support, attendance at one of our assisted digital centres, or where necessary, officials visiting the individual at home.</p><p>With regard to application fees, there are currently no plans to waive fees for victims of trafficking and modern slavery, unless the victim is a child in local authority care. The application fee has been set below the cost of a UK passport and applicants have until 30 June 2021 to make the necessary arrangements to enable them to apply.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 182185 182186 question first answered 25/10/2018 15:48:24 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

992849

registered interest
date	22/10/2018
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 Oral contribution of 21 June 2018 by the Minister for Immigration on the EU Settlement Scheme, Official Report, column 508, what steps he is taking to ensure that victims of trafficking and modern slavery can prove their identity in order to obtain Settled Status.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	182185
answer	answer is ministerial correction date of answer 25/10/2018 answer text <p>As set out in the Statement of Intent published on 21 June 2018, the EU Settlement Scheme will adopt a flexible approach to evidence of both identity and residence.</p><p>The published caseworker guidance includes a broad range of evidence that caseworkers can accept to establish the applicant’s claimed period of residence in the UK. This includes confirmation from another Government department or agency, such as the National Crime Agency which oversees the National Referral Mechanism for victims of trafficking and modern slavery.</p><p>The Home Office will also accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or due to compelling practical or compassionate reasons. This could include where passports or national identity cards have been confiscated by organised criminal gangs involved in trafficking.</p><p>Furthermore, arrangements are being developed for a range of support to be offered by the Home Office and third parties such as community groups and charities. These include direct support arrangements to assist vulnerable individuals throughout the application process, through tailored telephone advice and support, attendance at one of our assisted digital centres, or where necessary, officials visiting the individual at home.</p><p>With regard to application fees, there are currently no plans to waive fees for victims of trafficking and modern slavery, unless the victim is a child in local authority care. The application fee has been set below the cost of a UK passport and applicants have until 30 June 2021 to make the necessary arrangements to enable them to apply.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 182184 182186 question first answered 25/10/2018 15:48:24 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield